Software computer programs can be patentable as long as they met the other

Software computer programs can be patentable as long

This preview shows page 7 - 9 out of 9 pages.

Software computer programs can be patentable as long as they met the other requirements of patentability and the claims are well-drafted. Algorithms cannot be patented, but their specific applications to accomplish certain results can be. Until recently, so called “business methods” could not be patented. Patent trolls buy patents and then don’t try to commercialize the invention. They step out of the shadows when another party tries to use the invention and demands licensing fees and sues if they are not forthcoming. There is debate about who the “good guy” is here. Inventor will not be entitled to a valid patent if someone else had created prior art showing an identical invention any time before the current inventor filed her application. A second-to-file but first-to-invent inventor would be entitled to a patent if he could prove not only that he invented it first, but that he did something with the invention before the first filer invented it, then he can get the patent. 8. Patent Infringement When has a defendant infringed a patent and what are the plaintiff’s remedies? Securing a patent can be quite costly in terms of time, money, and effort. The point of taking the trouble, of course, is gaining the ability to stop competitors from making use of your invention, process, or material for a period of 20 years. Literal infringement cases are straightforward. If a defendant makes a product that copies all claims in a plaintiff's patent, then a clear violation has occurred. But what if a defendant's product copies only some parts of a patent claim? In such cases, a court will apply the doctrine of equivalents as described in Larami Corporation v. Alan Amron (the "Super Soaker case"). Whether plaintiffs win by demonstrating a literal infringement or by using the doctrine of equivalents, they are entitled to an injunction and damages. Damages can be substantial and can cover lost profits and royalties on the defendant's sales. If a defendant deliberately infringes on a patent, then a judge may treble the plaintiff's damages and force the defendant's to pay the plaintiff's attorney's fees.
Image of page 7
9. Copyrights What do copyrights cover? Copyrights, broadly speaking, cover creative works or the expression of ideas. If you write a novel, record a song, draft a blueprint for a new building, take a photograph, or paint a painting, your creation is covered by the Copyright Act. Ideas that exist merely in someone's mind are not yet protected. A creative work must be stored in a tangible medium to be copyrighted. A painting's canvas is a tangible medium. So is a videotape for a speech or a flash drive for a term paper. If your idea can be played, retrieved, seen, or reproduced, it is stored in a tangible medium. Copyright protection exists without formal registration, but if you wish to go to court to enforce your rights, you should register your creative work with the Copyright Office.
Image of page 8
Image of page 9

You've reached the end of your free preview.

Want to read all 9 pages?

  • Left Quote Icon

    Student Picture

  • Left Quote Icon

    Student Picture

  • Left Quote Icon

    Student Picture