Patent protection for software solution - Again a decision against software patents(patent protection)
Again, an
attempt was launched, to register software as a patent in Germany. While
the USPTO's apparently generous in this area, in this country fail a
number of patent applications for software. Background is usually the
fact that it is either not a new technical concerns solving a specific
technical problem(provisional patent).
The German Patent Law excludes namely programs for computers as such excludes from patent protection.
Lawyer
Trademark Law Patent Law Dusseldorf aufrecht.deThe now patent
protection pending software includes a method of operating a
communication system in which a customer at his are recorded computer
operator actions, reported to a central computer, logged there and
compared with reference protocols to offer the customer, when he is
expected to otherwise(Invention) give no instructions to his computer interactive help.
Background
of this solution is the problem common that online connections off
prematurely or be interrupted, or the customer gives no order for other
reasons, despite his expressed interest.
While the lower court,
the Federal Patent Court, therefore, the purpose of the software only in
the increase saw the order volume, differentiated the Bundesgerichtshof
as a last resort. However, even (how to get a patent)these judges come to the conclusion to reject the application.
Although
the pending solution will not lead directly to the increase in sales,
which probably is but the economic end goal. Rather, the supplier is
using the software can interact with the customer by offering
interactive assistance to the most applicable to the judges when to
expect (invent)with probability that he will leave the shop without order again.
This
exhausts the service provided the claimed process. Therefore, so close
the judges, was dissolved by the software problem, the seller in time to
give those information that results in a certain probability,
(patent)which is to have an additional action on the customer to follow.
However,
such a problem is not a technical because it "is not necessarily the
use of controllable natural forces to achieve a causally success
requires" - do you mean that judges could also imagine a different,
non-technical solution to the problem. Thus, the patent protection was
excluded(patent search).
Although it is still very difficult,
it is also in Germany not completely impossible to patent a found using
software technical solution to a technical problem. However, the legal
requirements must be checked very carefully when unnecessary costs to be
avoided.
(protect my idea)And legal policy have many applications -
solely on the mere possibility of an entry way - means that the issue
will be reviewed in. The view on the registrability of color marks has
changed in Germany, not least because of the increased use in legal
transactions and notifications.
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