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A patent applicant may include a copyright notice or mask work notice, but only if it also includes the following authorization, expressly permitting the reproduction of the patent: [9] A portion of the disclosure of this patent document contains material which is subject to (copyright or mask work) protection.
Neither software nor computer programs are explicitly mentioned in statutory United States patent law.Patent law has changed to address new technologies, and decisions of the United States Supreme Court and United States Court of Appeals for the Federal Circuit (CAFC) beginning in the latter part of the 20th century have sought to clarify the boundary between patent-eligible and patent ...
A software patent is a patent on a piece of software, such as a computer program, library, user interface, or algorithm.The validity of these patents can be difficult to evaluate, as software is often at once a product of engineering, something typically eligible for patents, and an abstract concept, which is typically not.
The graphics, sounds, and appearance of a computer program also may be protected as an audiovisual work; as a result, a program can infringe even if no code was copied. [11] The set of operations available through the interface is not copyrightable in the United States under Lotus v. Borland, but it can be protected with a utility patent.
The PCT does not provide that the searches and examinations are to be performed by one central patent office, as the WIPO does not perform searches and examinations. In contrast, the European Patent Convention (EPC) places the European Patent Office (EPO) in charge of performing searches and examinations for European patent applications.
The software patent debate is the argument about the extent to which, as a matter of public policy, it should be possible to patent software and computer-implemented inventions. Policy debate on software patents has been active for years. [ 1 ]
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On review in 2014 the Supreme Court reduced the patent-eligibility of software patents or patents on software for business methods, excluding abstract ideas from the list of eligible subject matters. After much confusion within the patent examiners and patent practitioners, the USPTO prepared a list of examples of software patent claims that ...