Software patents and the Internet of Things in Europe, the United States, and India (2017)

Noto La Diega, Guido (2017) Software patents and the Internet of Things in Europe, the United States, and India (2017). European Intellectual Property Review, 39 (3). pp. 173-184. ISSN 0142-0461

[img] Text (Software patents and the Internet of Things in Europe, the United States, and India)
CII in EUrope, US, India.docx - Accepted Version
Restricted to Repository staff only until 1 March 2018.

Download (52kB) | Request a copy

Abstract

This article sheds light on the pressing issue of the patentability of computer-implemented inventions by giving account of the approaches followed in Europe, United States, and India. The occasion of this study is the adoption in 2016 of the final version of the Indian guidelines on the examination of computer-related inventions, which have been surprisingly overlooked in the legal literature. The main idea is that the Internet of Things will lead to a dramatic increase of applications for software patents and if examiners, courts, and legislators will not be careful, there is the concrete risk of a surreptitious generalised grant of patents for computer programs as such (in Europe) and for abstract ideas (in the United States). The clarity provided by the Indian guidelines, following a lively public debate, can constitute good practices that Europe and the United States should take into account.

Item Type: Article
Uncontrolled Keywords: comparative law, EU law, European patents, India, internet of things, patentability, software, United States;
Subjects: M100 Law by area
M200 Law by Topic
M900 Other in Law
Department: Faculties > Business and Law > Northumbria Law School
Depositing User: Guido Noto La diega
Date Deposited: 27 Mar 2017 14:56
Last Modified: 06 Sep 2017 13:34
URI: http://nrl.northumbria.ac.uk/id/eprint/28520

Actions (login required)

View Item View Item

Downloads

Downloads per month over past year

View more statistics


Policies: NRL Policies | NRL University Deposit Policy | NRL Deposit Licence