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Software patent debate, the Glossary

Index Software patent debate

The software patent debate is the argument about the extent to which, as a matter of public policy, it should be possible to patent software and computer-implemented inventions.[1]

Table of Contents

  1. 55 relations: Advanced Video Coding, Algorithm, Alice Corp. v. CLS Bank International, Backlog of unexamined patent applications, Bilski v. Kappos, Church–Turing thesis, Competition law, Copyright, Criticism of patents, Defend Innovation, DigitalEurope, Duke University, Electronic Frontier Foundation, Essential patent, European Parliament, European Union, Foundation for a Free Information Infrastructure, Free Software Foundation, Gary Becker, Google LLC v. Oracle America, Inc., In re Bilski, Interoperability, Irish Free Software Organisation, Jacobsen v. Katzer, JPEG, Lambda calculus, Legal liability, Lempel–Ziv–Welch, Machine, Machine-or-transformation test, Mayo Collaborative Services v. Prometheus Laboratories, Inc., Mozilla Open Software Patent License, MP3, Neilson v Harford, Owen Astrachan, Parker v. Flook, Patent attorney, Patent infringement, Patent thicket, Patent troll, Patentability, Piano roll blues, Product lifecycle, Programming language, Proposed directive on the patentability of computer-implemented inventions, Public policy, Software engineering, Software patent, Software patents under United States patent law, State Street Bank & Trust Co. v. Signature Financial Group, Inc., ... Expand index (5 more) »

  2. Legal disputes
  3. Software patent law

Advanced Video Coding

Advanced Video Coding (AVC), also referred to as H.264 or MPEG-4 Part 10, is a video compression standard based on block-oriented, motion-compensated coding.

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Algorithm

In mathematics and computer science, an algorithm is a finite sequence of mathematically rigorous instructions, typically used to solve a class of specific problems or to perform a computation.

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Alice Corp. v. CLS Bank International

Alice Corp.

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Backlog of unexamined patent applications

Although not clearly defined,, January 2010 (pdf, 1,59 MB).

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Bilski v. Kappos

Bilski v. Kappos, 561 U.S. 593 (2010), was a case decided by the Supreme Court of the United States holding that the machine-or-transformation test is not the sole test for determining the patent eligibility of a process, but rather "a useful and important clue, an investigative tool, for determining whether some claimed inventions are processes under § 101." In so doing, the Supreme Court affirmed the rejection of an application for a patent on a method of hedging losses in one segment of the energy industry by making investments in other segments of that industry, on the basis that the abstract investment strategy set forth in the application was not patentable subject matter.

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Church–Turing thesis

In computability theory, the Church–Turing thesis (also known as computability thesis, the Turing–Church thesis, the Church–Turing conjecture, Church's thesis, Church's conjecture, and Turing's thesis) is a thesis about the nature of computable functions.

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Competition law

Competition law is the field of law that promotes or seeks to maintain market competition by regulating anti-competitive conduct by companies.

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A copyright is a type of intellectual property that gives its owner the exclusive legal right to copy, distribute, adapt, display, and perform a creative work, usually for a limited time.

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Criticism of patents

Legal scholars, economists, activists, policymakers, industries, and trade organizations have held differing views on patents and engaged in contentious debates on the subject. Software patent debate and Criticism of patents are intellectual property activism.

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Defend Innovation

Defend Innovation is a patent reform project started by Electronic Frontier Foundation (EFF) in June 2012.

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DigitalEurope

DIGITALEUROPE is a European trade association that represents the digital technology industry.

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Duke University

Duke University is a private research university in Durham, North Carolina, United States.

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Electronic Frontier Foundation

The Electronic Frontier Foundation (EFF) is an international non-profit digital rights group based in San Francisco, California. Software patent debate and Electronic Frontier Foundation are intellectual property activism.

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Essential patent

An essential patent or standard-essential patent (SEP) is a patent that claims an invention that must be used to comply with a technical standard.

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European Parliament

The European Parliament (EP) is one of the two legislative bodies of the European Union and one of its seven institutions.

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European Union

The European Union (EU) is a supranational political and economic union of member states that are located primarily in Europe.

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Foundation for a Free Information Infrastructure

The Foundation for a Free Information Infrastructure (FFII) is a non-profit organisation based in Munich, Germany, dedicated to establishing a free market in information technology, by the removal of barriers to competition. Software patent debate and Foundation for a Free Information Infrastructure are intellectual property activism.

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Free Software Foundation

The Free Software Foundation (FSF) is a 501(c)(3) non-profit organization founded by Richard Stallman on October 4, 1985, to support the free software movement, with the organization's preference for software being distributed under copyleft ("share alike") terms, such as with its own GNU General Public License. Software patent debate and free Software Foundation are intellectual property activism.

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Gary Becker

Gary Stanley Becker (December 2, 1930 – May 3, 2014) was an American economist who received the 1992 Nobel Memorial Prize in Economic Sciences.

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Google LLC v. Oracle America, Inc.

Google LLC v. Oracle America, Inc., 593 U.S. ___ (2021), was a U.S. Supreme Court decision related to the nature of computer code and copyright law.

See Software patent debate and Google LLC v. Oracle America, Inc.

In re Bilski

In re Bilski, 545 F.3d 943, 88 U.S.P.Q.2d 1385 (Fed. Cir. 2008), was an en banc decision of the United States Court of Appeals for the Federal Circuit (CAFC) on the patenting of method claims, particularly business methods.

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Interoperability

Interoperability is a characteristic of a product or system to work with other products or systems.

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Irish Free Software Organisation

The Irish Free Software Organisation (or IFSO) is a member organisation based in the Republic of Ireland which works to promote the use of free software in Ireland, and oppose legal or political developments which would interfere with the use or development of Free Software.

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Jacobsen v. Katzer

Jacobsen v. Katzer was a lawsuit between Robert Jacobsen (plaintiff) and Matthew Katzer (defendant), filed March 13, 2006 in the United States District Court for the Northern District of California.

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JPEG

JPEG (short for Joint Photographic Experts Group) is a commonly used method of lossy compression for digital images, particularly for those images produced by digital photography. Software patent debate and JPEG are Discovery and invention controversies.

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Lambda calculus

Lambda calculus (also written as λ-calculus) is a formal system in mathematical logic for expressing computation based on function abstraction and application using variable binding and substitution.

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In law, liable means "responsible or answerable in law; legally obligated".

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Lempel–Ziv–Welch

Lempel–Ziv–Welch (LZW) is a universal lossless data compression algorithm created by Abraham Lempel, Jacob Ziv, and Terry Welch. Software patent debate and Lempel–Ziv–Welch are Discovery and invention controversies.

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Machine

A machine is a physical system that uses power to apply forces and control movement to perform an action.

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Machine-or-transformation test

In United States patent law, the machine-or-transformation test is a test of patent eligibility under which a claim to a process qualifies for consideration if (1) the process is implemented by a particular machine in a non-conventional and non-trivial manner or (2) the process transforms an article from one state to another.

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Mayo Collaborative Services v. Prometheus Laboratories, Inc.

Mayo v. Prometheus, 566 U.S. 66 (2012), was a case decided by the Supreme Court of the United States that unanimously held that claims directed to a method of giving a drug to a patient, measuring metabolites of that drug, and with a known threshold for efficacy in mind, deciding whether to increase or decrease the dosage of the drug, were not patent-eligible subject matter.

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Mozilla Open Software Patent License

The Mozilla Open Software Patent License (MOSPL) is a permissive patent license developed and maintained by the Mozilla Foundation. Software patent debate and Mozilla Open Software Patent License are intellectual property activism and software patent law.

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MP3

MP3 (formally MPEG-1 Audio Layer III or MPEG-2 Audio Layer III) is a coding format for digital audio developed largely by the Fraunhofer Society in Germany under the lead of Karlheinz Brandenburg, with support from other digital scientists in other countries.

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Neilson v Harford

Neilson v Harford (1841) 151 ER 1266 is a 19th-century English patent law decision that several United States Supreme Court patent law opinions rely upon as authority.

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Owen Astrachan

Owen Astrachan is an American computer scientist and professor of the practice of computer science at Duke University, where he is also the department's director of undergraduate studies.

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Parker v. Flook

Parker v. Flook, 437 U.S. 584 (1978), was a 1978 United States Supreme Court decision that ruled that an invention that departs from the prior art only in its use of a mathematical algorithm is patent eligible only if there is some other "inventive concept in its application.". The algorithm itself must be considered as if it were part of the prior art, and the claim must be considered as a whole.

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Patent attorney

A patent attorney is an attorney who has the specialized qualifications necessary for representing clients in obtaining patents and acting in all matters and procedures relating to patent law and practice, such as filing patent applications and oppositions to granted patents.

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Patent infringement

Patent infringement is an unauthorized act of - for example - making, using, offering for sale, selling, or importing for these purposes a patented product.

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Patent thicket

A patent thicket is "an overlapping set of patent rights" which requires innovators to reach licensing deals for multiple patents.

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Patent troll

In international law and business, patent trolling or patent hoarding is a categorical or pejorative term applied to a person or company that attempts to enforce patent rights against accused infringers far beyond the patent's actual value or contribution to the prior art, often through hardball legal tactics (frivolous litigation, vexatious litigation, strategic lawsuits against public participation (SLAPP), chilling effects, etc.) Patent trolls often do not manufacture products or supply services based upon the patents in question. Software patent debate and patent troll are Discovery and invention controversies.

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Patentability

Within the context of a national or multilateral body of law, an invention is patentable if it meets the relevant legal conditions to be granted a patent.

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Piano roll blues

The Piano Roll Blues or Old Piano Roll Blues is a figure of speech designating a legal argument (or the response to that argument) made in US patent law relating to computer software.

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Product lifecycle

In industry, product lifecycle management (PLM) is the process of managing the entire lifecycle of a product from its inception through the engineering, design and manufacture, as well as the service and disposal of manufactured products.

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Programming language

A programming language is a system of notation for writing computer programs.

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Proposed directive on the patentability of computer-implemented inventions

The Proposal for a Directive of the European Parliament and of the Council on the patentability of computer-implemented inventions (Commission proposal COM(2002) 92), procedure number 2002/0047 (COD) was a proposal for a European Union (EU) directive aiming to harmonise national patent laws and practices concerning the granting of patents for computer-implemented inventions, provided they meet certain criteria. Software patent debate and Proposed directive on the patentability of computer-implemented inventions are software patent law.

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Public policy

Public policy is an institutionalized proposal or a decided set of elements like laws, regulations, guidelines, and actions to solve or address relevant and real-world problems, guided by a conception and often implemented by programs.

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Software engineering

Software engineering is an engineering approach to software development.

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Software patent

A software patent is a patent on a piece of software, such as a computer program, libraries, user interface, or algorithm. Software patent debate and software patent are software patent law.

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Software patents under United States patent law

Neither software nor computer programs are explicitly mentioned in statutory United States patent law. Software patent debate and software patents under United States patent law are software patent law.

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State Street Bank & Trust Co. v. Signature Financial Group, Inc.

State Street Bank and Trust Company v. Signature Financial Group, Inc., 149 F.3d 1368 (Fed. Cir. 1998), also referred to as State Street or State Street Bank, was a 1998 decision of the United States Court of Appeals for the Federal Circuit concerning the patentability of business methods.

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Supreme Court of the United States

The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States.

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Turing completeness

In computability theory, a system of data-manipulation rules (such as a model of computation, a computer's instruction set, a programming language, or a cellular automaton) is said to be Turing-complete or computationally universal if it can be used to simulate any Turing machine (devised by English mathematician and computer scientist Alan Turing).

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United States Court of Appeals for the Federal Circuit

The United States Court of Appeals for the Federal Circuit (in case citations, Fed. Cir. or C.A.F.C.) is one of the 13 United States courts of appeals.

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United States Patent and Trademark Office

The United States Patent and Trademark Office (USPTO) is an agency in the U.S. Department of Commerce that serves as the national patent office and trademark registration authority for the United States.

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William Curtis Bryson

William Curtis Bryson (born August 19, 1945) is a Senior United States circuit judge of the United States Court of Appeals for the Federal Circuit.

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See also

Legal disputes

Software patent law

References

[1] https://en.wikipedia.org/wiki/Software_patent_debate

Also known as Criticism of software patents, Software patents debate.

, Supreme Court of the United States, Turing completeness, United States Court of Appeals for the Federal Circuit, United States Patent and Trademark Office, William Curtis Bryson.