Computer Software Patent - Exclusively
ownedby Anna Elizabeth Kuruvilla
The patent protection aims to ensure that the building
blocks of science and technology is not owned by anyone; so that
continued development will flourish without any hindrance.
From the early 1980's through the early 1990's,
a considerable shift can be observed in the policies and practices
of the Patent Officer and the Court of Customs and Patent Appeals
(CCPA), after the Diamond V Diehr case (Samuelson, 1990).
The granting of computer software patents should
be such that, it would not affect the flexibility of further inventions.
As the patent office has a poor classification system for software,
there is always a risk of lawsuit due to the software patent infringement.
Overlapping of software patents can also occur due to the lack of
patent search, which makes software a risky business.
COPYRIGHT
Copyright act amended in 1980 applies to computer
software too. The meaning of copyright protection is unclear in
the sense that it is not defined as to what aspect of a piece of
software, one owns.
The copyright protection is easier to acquire,
in the sense that if you put forth a new system with a software,
which is based on an existing one, which is already copyrighted;
you do not infringe as long as you are unfamiliar with the point
of acquiring protection. Still the protection you acquire is weak.
The conceptual heart of copyright law is inadequate
to handle computer software. The uncertainty itself is enough to
get in the way of development in the field.
Computer software patents protect the building
blocks of science and technology, thereby enhancing and promoting
growth and development.
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