Patenting computer science: are computer instruction writings patentable?

Article Abstract:

The legal issue raised in the proposed patenting of computer instruction fixed on computer readable media is whether patents are limited to the utilitarian embodiment of inventions or may be extended to include mere symbolic expression, such as machine instruction, fixed in a tangible medium. Patenting symbolic expression would violate the intellectual property premise barring property interests in mere abstract ideas, by avoiding both copyright merger and patent preemption doctrines. Contrary to the Patent and Trademark Offfice, patents and copyrights are mutually exclusive statutory interests which do not overlap in "abstract expression" subject matter.

---

Patentability of computer software instruction as an "article of manufacture:" software as such as the right stuff

Article Abstract:

Software is a separate element of the computer system and a "software as such" test allowing "article" claims limiting software functionality to computer system implementation would be the right approach to patents in this area. Contrasting the software as language and software as implementation models would be an efficient method for deciding in the patentability of computer related inventions. This framework would also test whether software inventions met the useful arts policy incentive supporting the patent laws.

---

The relative roles of patent and copyright in the protection of computer programs

Article Abstract:

Copyright protection of literal program code does not seem to impede the incremental improvement of most program technology, and it works well to make illegal the sort of cheap and fast reproduction which, if permitted, could help destroy incentives for computer program production. The functional aspects of the code should, however, be only patentable, provided these functional elements meet the standard tests of novelty, usefulness, and nonobviousness.

Copyright, Copyrights

Similar abstracts:

• Abstracts: Perfecting a security interest in computer software copyrights: getting it right. Software protection in the Commonwealth of Puerto Rico
• Abstracts: Efficiency versus social optimality: the case of telecommunications pricing. The determinants of market share for the 'dominant firm' in telecommunications
• Abstracts: The embodiment hypothesis revisited: evidence from the U.S. local exchange carriers. Restructuring and competition in international telecommunications: the case of INTELSAT

This website is not affiliated with document authors or copyright owners. This page is provided for informational purposes only. Unintentional errors are possible.