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| Patent Group | |
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| Computer Software and Intellectual Property Law | ||
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Computer Software and Copyright18. Some Computer Programs Can Be PatentedUnder some circumstances, computer programs can be patented. The requirements are very strict and much more difficult to meet than those for copyright protection. However, in some circumstances patent protection may be more advantageous than copyright protection (see section 19 of this Guide).On February 28, 1996, the U.S. Patent and Trademark Office issued its
new
Examination
Guidelines for Computer-Related Inventions. Though there had been a
number of successful patent applications for computer programs prior to
this date, the new guidelines have made it significantly easier to patent
computer programs. Since this is a guide to software copyrights, we will
not go into further detail. The Patent Department can help determine if
a patent should be sought for a computer program.
* Written by John E. Wehrli, formerly of the Patent Department, Lawrence Berkeley National Laboratory. Available as LBL Report No. 38995. |
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