‘Tricky territory’: computer implemented invention patenting
The information technology industry invests large sums each year in the innovation and development of new tools for mobile handsets and other computer systems.
Although copyright may protect the underlying software in these systems, this form of protection is limited. For example, copyright law cannot prevent the independent development of rival products, it can be hard to prove and it is generally inadequate to stop reverse engineering. Furthermore, while the law of confidentiality can provide a remedy for those who believe that features of their systems have been covertly taken, such claims are again by no means straightforward — as with copyright, it is necessary to prove derivation from the claimant’s work.
But do patents offer an alternative? Novel and inventive devices and systems are more usually the subjects of patent protection. Patents are registered rights, protecting everything expressly recorded in their claims. Therefore, everybody knows, at least in theory, what is protected. As well as protecting against the direct copying of the invention, patents cannot be avoided by reverse engineering and they protect against the production of the same invention completely independently…
If you are registered and logged in to the site, click on the link below to read the rest of the Taylor Wessing briefing. If not, please register or sign in with your details below.
News from Taylor Wessing
Briefings from Taylor Wessing
New rules will apply to most businesses selling to consumers in the EU, including to those selling online from outside the EU, from no later than 13 June 2014.
Last year — 2013 — was a considerably less eventful year for German gambling law than 2012, which saw significant reforms within the industry.
Analysis from The Lawyer
The city-state is working hard to become a global wealth management hub, and law firms are gearing up for a prosperous new world
Financial disputes are starting to dominate the English courts as the long-awaited fallout from the downturn finally comes to town