Can I obtain a patent for my software-related invention?

Post time:12-11 2008 Author:
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Procedural and substantive requirements for the grant of patents are different from one country/region to the other. In particular, practices and case law regarding the patentability of software-related inventions vary significantly in different countries. For example, in some countries, “inventions” within the meaning of patent law must have a “technical character” and software as such is not considered a patentable invention, while in others, such requirements do not exist, so that sofrware is generally patentable subject matter.

It is therefore recommend that you consult a practicing lawyer who is specialized in intellectual property or the intellectual property offices of those countries in which you are interested to get protection. A list of URLs and a directory of national and regional intellectual property offices are available.

On the other hand, computer programs may be protected under copyright. However, according to a well-established principle, copyright protection extends only to expressions, not to ideas, procedures, methods of operation or mathematical concepts as such.

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