Legal Protection for Computer-Implemented Inventions: A Practical Guide to Software Related Patents 2nd ed

Author: Sabine Kruspig; Claudia Schwarz
Publisher: Kluwer Law International
ISBN: 9789403508498

Previous Edition ISBN: 9789041152299
Published In: September 2025
Format: Hardback
Jurisdiction: Netherlands ? Disclaimer:
Countri(es) stated herein are used as reference only

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Description
Contents

Details

Legal Protection for Computer-Implemented Inventions, currently in its second edition, is an indispensable book furnishing an overview of the current status of computer-implemented inventions in patent law in major jurisdictions globally and in Europe. Owing to the incorporation of computer software into countless commercial and industrial products, the patentability of software and inventions in the area of Artificial Intelligence has become a vital issue in intellectual property law. A hugely pragmatic field research tool with guidance based on case law, this book examines the major hurdles in each particular country and describes the best practice to be adopted.

The legal situation in the key countries is summarized based on a list of twenty-seven law-related questions, providing a comprehensive overview. Clearly showing how enforceable software patent applications can be competitively drafted and how a patent portfolio for computer-implemented inventions can be established in several countries without spending money unnecessarily on problematic examination proceedings, this book covers the following issues and topics:

important case law, in particular before the European Patent Office (EPO) for technicality issues
sufficient level of abstraction versus breadth of the claimed invention
how to overcome typical objections in the respective national examination proceedings case studies comparing different national peculiarities in the area of computing

With separate chapters for the EPO and the key countries – Germany, the United States, China, Korea, Japan, and India – the legal situation for software-related inventions in each country or region, this book provides guidance on prosecution under national law, analyses of relevant court decisions, practice checklists, and an outlook on future developments. The authors describe claim formulation based on actual cases and on principles of computer science to show what might or might not be patentable in each jurisdiction.

This nonpareil resource will serve as a basis for patent attorneys and patent professionals in companies to make decisions about the most appropriate jurisdictions in which to file patent applications. This book will also be invaluable to computer professionals who are affected by the protection of software or who are actively involved in the protection of software by patent law.

List of Abbreviations

List of Figures

List of Tables

Foreword

Acknowledgements

CHAPTER 1. Introduction

CHAPTER 2. Basics of Computer Science

CHAPTER 3. Patenting Software: Obstacles and Challenges

CHAPTER 4. Legal Practice on CII at the EPO

CHAPTER 5. Germany

CHAPTER 6. United States of America

CHAPTER 7. China: Legal Requirements on Computer-Implemented Inventions at the CNIPA