Software inventions are patentable in the United States, and in quite a few other important jurisdictions. Having said that, not all other countries allow broad protection for software innovation. Two of the additional necessary patent offices, the European Patent Office (EPO) and the Chinese State Intellectual Property Office (SIPO) restrict how software program inventions may possibly be protected. However, many kinds of software can nonetheless be protected in China and Europe.
Europe
The EPO precludes patenting "(a) discoveries, scientific theories and mathematical strategies (b) aesthetic cre¬ations (c) schemes, rules and approaches for performing mental acts, playing games or doing home business and (d) programs for com¬puters, and presentations of information and facts." Nevertheless, there is an exception. Write-up 52(2) excludes "the patentability of the subject-matter or activities referred to therein only to the extent to which a European patent application or European patent relates to such subject-matter or activities as such." This clause creates an exception for specific kinds of software innovations to be patentable subject matter at the EPO.
The EPO's patentable subject matter includes the technical or hardware associated components of an invention, as opposed to attributes that are merely algorithms. This is not an apparent distinction. In the United States, algorithmic components can be protected, if claimed properly. In Europe, algorithms, such as an accounting program, that are executed on a general purpose pc are not patentable. Nevertheless, software program that does one thing to hardware is likely to be patentable. For example, software program that controls communications among machines is extra most likely to be patentable topic matter. Similarly, software program that accelerates graphic display functions is almost certainly patentable.
EPO patent applications are also structured differently from United States patent applications. The application should certainly follow a issue/remedy format. A technical issue is described and a solution, the invention, is then presented. This is in sharp contrast to US applications where the problem description is usually minimized so that it is not applied against the applicant as prior art.
The claimed embodiments of the EPO application are directed to the trouble. EPO software program claims are organized as two part claims, with a preamble that lists components that are identified in the art followed by a second portion with the novel inventive components.
China
In China, software, algorithms or personal computer games are not per se patentable topic matter. Software program inventions must solve a technical dilemma and have physical functions. So like in Europe, your clever accounting or stock analysis algorithms are not patentable subject matter. Even so, software with physical features such as accelerating data interchange or storing data even more effectively solve a technical problem, and so are most likely to be patentable topic matter.
Even though Europe and China do not assistance the protection of software inventions to the identical extent as the United States, you can shield countless kinds of software innovations in those jurisdictions.
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