Tag: Software patents

Intellectual Property Protection for Computer Programs – Part III

This post was published on September 01, 2014.   In continuation to the previous post in this series, we will today be looking into copyright protection of computer software. As discussed in the previous post, Copyright Law came as an answer to the protection of computer programs at a time when the importance of Trade Secret Law for the same was dwindling. A computer program, being composed of source codes can be brought under the ambit of literary works in Copyright Law. The…

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Intellectual Property Protection for Computer Programs – Part I

This post was first published on 28th August, 2014.   A computer program is an intellectual creation and can be protected by Intellectual Property (IP) Law, particularly by Copyright and Patent Laws. The manner of IP protection for computer programs is a hot topic of debate, primarily due to the fact that current IP regimes are not effective in dealing with their protection comprehensively. There is a lot of ambiguity with regard to their protection because of the technical complexities in computer programs and the difficulty…

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Open Source Software (OSS)

Intellectual Property, Open Source and Intelligent Automobiles

  License: Creative Commons — Attribution-No Derivatives 4.0. Open Source Software (OSS) is today an integral part of every software development project, and there are open source projects for almost every utility and functionality. Software relating to Artificial Intelligence (AI) is not an exception, and there are several AI linked open source initiatives targeting the automotive sector. From autonomous vehicles to telematics, there are many open source projects addressing different aspects of mobility. Some examples of specific AI projects for the…

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Patenting Software-related Inventions

  Subject matter eligibility is one of the most rapidly evolving issues in Patent Law. The US Courts have avoided defining what qualifies as an abstract idea. Most of the software related inventions are being considered patent ineligible based on the Alice case. The Alice case gave us a two-part analysis for determining whether software claims are eligible for patenting. First step in the analysis is to “determine whether claims at issue are directed to one of those patent ineligible concepts”. If the…

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Enfish, LLC v. Microsoft Corporation : A Victory For Software Patents

There is now a ray of hope for computer and software based patents. The case which is  discussed below is the second one post Alice Corp. v. CLS Bank International case. In Enfish, LLC v. Microsoft Corporation, the U.S. Court of Appeals for the Federal Circuit reversed a California district court’s summary judgment that two software patents were directed to an “abstract idea” without “significantly more” and therefore were not eligible for patent. The facts of the case are stated below.…

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Intellepedia - IP News Updates

World’s Best IP Blogs: FOSS Patents

We have often featured several posts on BananaIP with respect to Smartphones and the Patent wars that these Smartphone companies often engage in. Everyone is familiar with the legal battles that have been fought between the likes of Google, Apple, Samsung, Ericsson, Micromax, to name a few. They are often battles of epic proportions and the whole world watches these battles with bated breath. While many blogs and sites cover these issues from the surface, there is one blog that…

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New Computer Related Inventions Guidelines

  The Indian Patent Office, after extensive consultative process, has issued an Order by which Chapter of the Manual of Patent Office Practice and Procedure (MPPP), containing provisions pertaining to section 3(k) of the Patents Act, 1970, will stand deleted and replaced by the provisions of the new Guidelines, for examination of Computer Related Inventions (CRIs), with immediate effect.   The Guidelines, while outlining the legal provisions related to CRIs, extensively demonstrates what ‘Patentable Subject Matter’ means and what parameters are…

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