Software and business method patents
Publication date : 23/07/2001 | Document Number : 450/927 Rev
Software is an essential element of information and communications technologies which ar e now used in many sectors of commercial activity to implement methods of conducting business.
The current debates on the patenting of software and business methods are therefore of singular importance to the business community.
In Europe, the question has been raised as to whether it is economically justified to grant patents on software and other inventions implemented by computer. Some circles are proposing to ban software from patentability, or at least to subject it to special restrictive rules (such as a shorter duration or compulsory licensing).
In the United States, the granting in earlier times of patents of questionable validity has contributed to a debate around the patenting of business methods. Although the US Patent and Trademark Office has taken substantial steps to improve the situation, some proposals have appeared to enact legislation which would introduce special requirements for the patentability of such methods.
For further information, please contact
Daphne YONG-D'HERVÉ
Chief Intellectual Property Officer, IP Policy and Management, Intellectual Property
Tel:
+33 (0)1 49 53 28 24
daphne.yongdherve@iccwbo.org