Saturday, July 19, 2008

Different Approach for Patenting of Software and Non-Technical Matter

FICPI conducted a survey on national patent office responsiveness towards patenting of non-technical matter, such as software. There are four loose groups identified:

1. (Most lenient) Allowance of patents for software, business method and other non-technical inventions. Country: USA

2. Provision for usage of technical means. Influenced by USA, these countries recognize programs that run on a computer, but the program need not necessarily solve a technical problem. Country: Australia, New Zealand, Korea, Israel, Japan, Canada

3. Provision for invention to have technical contribution. A computer implemented invention must contribute a technical effect. Country: Most of the countries in Europe. Malaysia and China, not in the survey, also falls in this group.

4. (Most restrictive) Rejection of all software and business method. Country: Argentina and Columbia

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