The Patentability of Software Software as Mathematics Routledge Research in Intellectual Property Series
Auteur : Hughes Anton
This book explores the question of whether software should be patented. It analyses the ways in which the courts of the US, the EU, and Australia have attempted to deal with the problems surrounding the patentability of software and describes why it is that the software patent issue should be dealt with as a patentable subject matter issue, rather than as an issue of novelty or nonobviousness.
Anton Hughes demonstrates that the current approach has failed and that a fresh approach to the software patent problem is needed. The book goes on to argue against the patentability of software based on its close relationship to mathematics. Drawing on historical and philosophical accounts of mathematics in pursuit of a better understanding of its nature and focusing the debate on the conditions necessary for mathematical advancement, the author puts forward an analytical framework centred around the concept of the useful arts. This analysis both explains mathematics?, and therefore software?s, nonpatentability and offers a theory of patentable subject matter consistent with Australian, American, and European patent law.
Acknowledgements
Introduction
1 The nature of software
2 Why software patents are a problem
3 The nature of mathematics
4 Why mathematics is not patentable
5 Why programming is not among the useful arts
6 Implications
Conclusion
Index
Anton Hughes has a doctorate in patent law and currently practices as a barrister in Sydney, Australia.
Date de parution : 12-2021
15.6x23.4 cm
Date de parution : 03-2019
15.6x23.4 cm
Thèmes de The Patentability of Software :
Mots-clés :
Behavioural Protection; Patentable Subject Matter; EU Software Directive 2005; Double Entry; patent office policy; Double Entry Bookkeeping; Alice Corp v CLS Bank; Mac OSX; software industry and patents; RCA Photophone; mathematics’ non-patentability; OSS Project; Australian; American and European patent law; UK Court; software's nonpatentability; Coulter’s Analysis; mathematics' nonpatentability; Patent Law; Software’s Patentability; patent laws; Turing Machine; software patents; Foss Project; Wider Issues; Software Development Process; Foss Development; Turing Machine Programs; Foss Developer; Church Turing Thesis; Mathematical Subject Matter; Home Alarm Systems; Liberal Arts; Abstract Artefacts