Patent laws are different in many countries, and inventors are
sometimes at a loss to understand which basic requirements should
be satisfied if an invention is to be granted a patent. This is
particularly true for inventions implemented on a computer. While
roughly a third of all applications (and granted patents) relate,
in one way or another, to a computer, applications where the
innovation mainly resides in software or in a business method are
treated differently by the major patent offices in the US (USPTO),
Japan (JPO), and Europe (EPO).
The authors start with a thorough introduction into patent laws
and practices, as well as in related intellectual property rights,
which also explains the procedures at the USPTO, JPO and EPO and,
in particular, the peculiarities in the treatment of applications
centering on software or computers. Based on this theoretical
description, next they present in a very structured way a huge set
of case studies from different areas like business methods,
databases, graphical user interfaces, digital rights management,
and many more. Each set starts with a rather short description and
claim of the "invention," then explains the arguments a legal
examiner will probably have, and eventually refines the description
step by step, until all the reservations are resolved. All of these
case studies are based on real-world examples, and will thus give
an inexperienced developer an idea about the required level of
detail and description he will have to provide.
Together, Closa, Gardiner, Giemsa and Machek have more than 70
years experience in the patent business. With their academic
background in physics, electronic engineering, and computer
science, they know about both the legal and the subject-based
subtleties of computer-based inventions. With this book, they
provide a guide to a patent examiner's way of thinking in a clear
and systematic manner, helping to prepare the first steps towards a
successful patent application.
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