Silicon patents seen in a new light

In a rapidly evolving digital era, increasing intellectual input is directed to the development of technology that will be implemented in some form or another by means of computer programs. As historically unpatentable subject matter, computer implemented inventions are receiving more and more recognition for their crucial contribution to science and technology and patents are being granted around the world for inventions that were previously very inadequately protected.

Erik van der Vyver's (Von Seidels) informative seminar on this topic that explored the latest trends and requirements for the patenting of computer implemented inventions in different regions from South Africa to the USA, Europe, Britain and the East. USA patent law is the most accepting of computer implemented inventions. Interestingly in South Africa the situation has not been tested in court as there is an apparent loophole in the qualification of the clause in the South African Patent Act listing what are not considered an invention - computer programs appear in that list. South Africa tends to follow British Law and it is apparent that the British have recently started to follow the more liberal European Law.

Download the presentation here. From slide 22 there is also a useful series of questions relating to "Judging Technical Effect" which are used by the European Patent Office to assess patentability.