There are various stand on patent software. EPO has implemented patent protection for computer implemented invention.
Computer implemented invention refers to an invention whose implementation involves a computer, computer network or other programmable apparatus. A computer program is featured wholly or partly to realize the invention.
Computer implemented invention needs to produce a technical effect to qualify for patent protection according to EPO, such as:
o control of a brake in a car
o faster communication between mobile phones
o secure data transmission
o resource allocation in an operating system
Subject matter which does not solve any technical problem is not patentable, such as:
x calculation of a pension
x new rules of an auction
x selling and booking sailing package
x aesthetic effects of a music or video
Malaysia has adopted EPO's approach towards computer software. The patent must be written by skilled patent drafter to cover technical means and effect to qualify for patent protection. Computer program per se is not patentable.
Patents offer the exclusive right for their holder to apply the inventive idea underlying the computer-implemented invention. Contrary to copyright, patents can be invoked even against independent inventors of the same idea.
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