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South Africa doesn’t recognise software patents because computer software falls within the scope of copyright protection.
Many countries around the world, however, have come to recognize such patents, and although the lines are most certainly not yet fixed and much debate surrounds the topic, it is now possible to register such patents in specific countries.
With no universal definition for software patents, it is understandable there may be gray areas in patent law allowing for some developments to be patented and others not. One of the definitions thereof suggests that such patents can be classified as patents derived from developments running on computers made by computer programs.
There are also many debates raging about the benefits and disadvantages of allowing computer program related patents.
Discussions also centre on topics such as where the boundaries should be drawn between patentable and non patentable computer programs and whether inventive steps can be realised in software development.
The earliest software related patent application was that of a UK patent application filed for an automatic solution in linear programming to address specific related problems.
The invention focused on the creation of improved memory control. It was also the first patent granted for software related inventions. The patent was granted in 1966 already.
Developments in the online environment however, have necessitated a new look at such patents, and apart from business method patents which can be applied for in some countries today, software patents are also becoming more prominent.
The European Patent Office has set guidelines for the evaluation of patentability for software related inventions. Under their guidelines, any computer related program inventions only created for the solving of business related programs cannot be patented.
With it being a complex field, it is recommended that you contact our intellectual property lawyers at Smit & Van Wyk to assist with issues and applications when it comes to software patents.
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