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The threshold for software patent application – can we patent software?
Posted: September 26, 2022
Probably after the famous Alice case, the question of if anyone can patent software became one of the most frequently asked questions by both inventors and IT business owners. It is possible to find a number of articles and summaries stating that Software as a thing is not patentable and as far as it may remain especially challenging in European jurisdiction, the possibility to patent software-related inventions in the US is still possible and available.
To assess if the invention is of a patentable weight it may be useful to go through a quick thought test and ask yourself (1) is your invention providing any tangible effect to the user, or computer processor? (2) does this effect provide any innovative step - anything that you consider an improvement or unique application of technology? If you still have any doubt about how to narrow down and define your invention feel free to contact us.
Unified Patent Court – a game changer in the system of protection of technical innovations?
Posted: September 25, 2022
It’s been a while since the idea of the UPC (Unified Patent Court) happened but according to all signs we are slowly arriving at the place where the UPC will become fully operating. The European Unified Patent Court, which hears disputes over the application of a patent issued by the European Patent Office, is expected to start operating as early as next year. This is expected to simplify proceedings in matters of product patent protection in the European market.
"Uniformity" as a fundamental feature of the new patent protection system can be considered from several perspectives. First, it relates to the territorial scope of invention protection itself. European patents granted so far under the provisions of the 1973 European Patent Convention (EPC) can be effective simultaneously in many countries, but prior validation before national patent offices is necessary to achieve such an effect. A European patent with a unitary effect will be simultaneously effective in EU countries participating in the new system without any post-grant action by the European Patent Office (EPO). In this sense, "unified" means precisely a single (indivisible) exclusive right valid transnationally.
How to select the best jurisdiction or where my patent should be registered?
Posted: September 25, 2022
This is probably the starting point for every inventor before moving forward with the registration. There is no one and coherent pattern where you may wish to start with your first patent registration but below you shall find some handy thoughts to define the jurisdiction that you wish to start with.
First of all, think about your market and the designed area where your invention will operate. Naturally, for a big group of inventors, this jurisdiction would be the domestic country, before moving with the domestic-first approach think about your competitors and potential market for expansion. As an example, many inventors from the new technologies industry decide to move forward first with the US patent due to the location of potential market competitors.
Remember that patents are territorial and the selection of state of registration should be supported by business needs. Also, its worth considering international procedures such as European Patent Protection (EU) or international procedure (WIPO) available after national registration. Selection of patent jurisdiction is an important step - feel free to contact us to chat about what would be the best choice for your invention.
