Protection of Computer Software and Business Methods PDF Print E-mail

The mathematical algorithms that are the basis of computer software can be protected through the grant of a patent if they are associated with techical solutions that solve a technical problem.

The object code and the source code of a computer software may be protected by copyright also.

A business method may be defined as "a method of operating any aspect of an economic enterprise".

Business method patents are a class of patents which disclose and claim new methods of doing business. This includes new types of e-commerce, insurance, banking, tax compliance etc.

Regarding patents that combine computer software with business methodology they involve an inventive step even in the situation when the technical contribution is obvious and the non technical contribution not obvious.An invention complies with the requirement of inventive step if when it is put to use with the help of a computer software it creates a "secondary effect" that goes beyond the simple interaction between hardware and software.

 

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