Information Technology Law Intellectual Property / Patent / Copyright Law

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

Edited by Sabine Kruspig · Claudia Schwarz
Kluwer Law International September 2025

Specifications

ISBN-13
9789403508498
Publisher
Kluwer Law International
Publication
September 2025
Format
Hardback
Jurisdiction
Netherlands ? Countri(es) for reference only

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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.

Table of Contents

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
CHAPTER 8. Korea
CHAPTER 9. Japan: Patent Protection for Software
CHAPTER 10. India
CHAPTER 11. Patent Cooperation Treaty: PCT
CHAPTER 12 Unitary Patent and Unitary Patent Court
CHAPTER 13. International Comparison
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