Patent laws are different in many countries, and inventors are sometimes
at a loss to understand which basic requirements should be satisfied if
an invention is to be granted a patent. This is particularly true for
inventions implemented on a computer. While roughly a third of all
applications (and granted patents) relate, in one way or another, to a
computer, applications where the innovation mainly resides in software
or in a business method are treated differently by the major patent
offices in the US (USPTO), Japan (JPO), and Europe (EPO).
The authors start with a thorough introduction into patent laws and
practices, as well as in related intellectual property rights, which
also explains the procedures at the USPTO, JPO and EPO and, in
particular, the peculiarities in the treatment of applications centering
on software or computers. Based on this theoretical description, next
they present in a very structured way a huge set of case studies from
different areas like business methods, databases, graphical user
interfaces, digital rights management, and many more. Each set starts
with a rather short description and claim of the "invention", then
explains the arguments a legal examiner will probably have, and
eventually refines the description step by step, until all the
reservations are resolved. All of these case studies are based on
real-world examples, and will thus give an inexperienced developer an
idea about the required level of detail and description he will have to
provide.
Together, Closa, Gardiner, Giemsa and Machek have more than 70 years
experience in the patent business. With their academic background in
physics, electronic engineering, and computer science, they know about
both the legal and the subject-based subtleties of computer-based
inventions. With this book, they provide a guide to a patent examiner's
way of thinking in a clear and systematic manner, helping to prepare the
first steps towards a successful patent application.
