The Global Challenge of Intellectual Property Rights
Show Less

The Global Challenge of Intellectual Property Rights

Edited by Robert Bird and Subhash C. Jain

The importance of intellectual property rights is now well established as a vital component in the success of firms and of nations. The diverse contributors to this volume, drawn from the fields of law, business and economics, clarify and analyze the problems and promise of IP policy from a global perspective. They discuss both developed and emerging nations and advance the understanding of this increasingly important topic.
Buy Book in Print
Show Summary Details
You do not have access to this content

Chapter 2: Unifying the International Law of Business Method and Software Patents

Larry A. DiMatteo and Robert E. Thomas


Larry A. DiMatteo1 and Robert E. Thomas2 INTRODUCTION The Trilateral Patent System consists of the world’s three major patent law regimes – those in Europe, Japan and the United States. The trilateral system has been remarkably successful in harmonizing the law of the three legal regimes. The history of the trilateral system has been one of convergence. A notable exception has been the recent divergence among the patent law regimes in the area of business method and software patentability. This chapter analyzes the divergence in the patent systems in these areas and reviews the reasons for their continued divergence. It then makes recommendations on how best to harmonize international patent law. Our analysis concludes that the EU and non-EU European countries are unlikely to adopt the US’s expansive recognition of business method patents. Statutory prohibitions against issuing business method and software patents prevent a full-scale adoption of the US approach. The EU has been able, through often-tortured interpretations, to approve a multitude of patents for computer-implemented inventions, but these interpretations have produced a degree of uncertainty and inconsistency. Therefore, a necessary condition for harmonization is for the US to revoke its full recognition of non-computerimplemented business method patents. The first part of the chapter reviews the state of business method and software patent law in the US, Europe and Japan. The chapter then examines the extent to which the three systems have converged in the area of business method and software patent law. The final part of the chapter recognizes that...

You are not authenticated to view the full text of this chapter or article.

Elgaronline requires a subscription or purchase to access the full text of books or journals. Please login through your library system or with your personal username and password on the homepage.

Non-subscribers can freely search the site, view abstracts/ extracts and download selected front matter and introductory chapters for personal use.

Your library may not have purchased all subject areas. If you are authenticated and think you should have access to this title, please contact your librarian.

Further information

or login to access all content.