Patent and trade secret protection of computer technology
Article Abstract:
Patent, copyright and trade secret protection should all be sought to prevent computer technology from unauthorized reproduction. A combination of protections is necessary because patents only protect the patented computer program or function once the patent is issued, and information revealed in the process of applying for a patent can therefore be used without the inventor's permission if the inventor does not apply for trade secret protection. Copyright laws can also protect computer technology before it becomes patented. All applicable laws and procedures are outlined, and the Illinois Trade Secrets Act is discussed.
Publication Name: Software Law Journal
Subject: Law
ISSN: 0886-3628
Year: 1993
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Upholding the disclosure requirements of 35 U.S.C. s. 112 through the submission of flow charts with computer software patent applications
Article Abstract:
Section 112 of the Patent Act requires disclosure of an invention in such a way that a skilled person could recreate the invention in the best possible manner from the information disclosed in the patent application. For computer software, two disclosures are common, source code or a flow chart, but the flow chart more appropriately fulfills the intent of the Patent Act because it clearly demonstrates the programmer's logic. A flow chart enables others to benefit from the invention without violating the patent because computer programs usually become obsolete before the patent ends.
Publication Name: Software Law Journal
Subject: Law
ISSN: 0886-3628
Year: 1992
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Obtaining and enforcing patents for software-related inventions: avoiding the pitfalls
Article Abstract:
Software patents and the enforcement of such are becoming more common with a series of consistent challenges and problems. Typical challenges to a software patent application include patentability, lack of clarity and enablement. These issues are discussed and ways of overcoming the problems are presented. Avoiding legalistic or overly technical arguments is important for both applications and enforcement. The possession of numerous software patents has also proved useful in enforcement because if one patent does not apply another most likely will.
Publication Name: Software Law Journal
Subject: Law
ISSN: 0886-3628
Year: 1992
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