Miyerkules, Nobyembre 27, 2013

Are Computer Programs Patentable?

The answer is NO. Thus, as a general rule computer programs cannot be a subject of a patent.

Elements of Patentable Invention;
1. It is a technical solution of a problem in any field of human activity.;
2. It must be new;
3. It must involve an inventive steps; and
4. It must be industrially applicable.

SECTION 
22. Non-Patentable Inventions. — The following shall be excluded from patent protection:
22.2. Schemes, rules and methods of performing mental acts, playing games or doing business, and programs for computers;

The law is very clear that programs for computers shall be excluded from patent protection.

How can Programmers protect their programs?

SECTION 172. Literary and Artistic Works. - 172.1. Literary and artistic works, hereinafter referred to as "works", are original intellectual creations in the literary and artistic domain protected from the moment of their creation and shall include in particular:
a. Books, pamphlets, articles and other writings;
b. Periodicals and newspapers;
c. Lectures, sermons, addresses, dissertations prepared for oral delivery, whether or not reduced in writing or other material form;
d. Letters;
e. Dramatic or dramatico-musical compositions; choreographic works or entertainment in dumb shows;
f. Musical compositions, with or without words;
g. Works of drawing, painting, architecture, sculpture, engraving, lithography or other works of art; models or designs for works of art;
h. Original ornamental designs or models for articles of manufacture, whether or not registrable as an industrial design, and other works of applied art;
i. Illustrations, maps, plans, sketches, charts and three-dimensional works relative to geography, topography, architecture or science;
j. Drawings or plastic works of a scientific or technical character;
k. Photographic works including works produced by a process analogous to photography; lantern slides;
l. Audiovisual works and cinematographic works and works produced by a process analogous to cinematography or any process for making audio-visual recordings;
m. Pictorial illustrations and advertisements;
n. Computer programs; and
o. Other literary, scholarly, scientific and artistic works.

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