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Difference between revisions of "Case law"

(* See: France (various subsections))
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'''Case law''' is a special subset of court cases which give definitions about how patent law is to be interpreted in the given [[country]].  The most important cases define what is and isn't [[patentable subject matter]].
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'''Case law''' is a special subset of court cases which give definitions about how patent law is to be interpreted in the given [[country]].  The most important cases define what is and isn't [[patentable subject matter]] (i.e. is software patentable or not).
  
 
There are many [[criteria]] on which a court can rule a patent to be invalid.  A court might say the patent wasn't original enough, or wasn't sufficiently innovative.  Those court rulings are not very interesting for our goal of excluding software from patentability.  An example is the ruling in [[Germany]] which invalidated [[Microsoft's FAT patents|Microsoft's Fat32 patent]].{{fact}}
 
There are many [[criteria]] on which a court can rule a patent to be invalid.  A court might say the patent wasn't original enough, or wasn't sufficiently innovative.  Those court rulings are not very interesting for our goal of excluding software from patentability.  An example is the ruling in [[Germany]] which invalidated [[Microsoft's FAT patents|Microsoft's Fat32 patent]].{{fact}}
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==Case law around the world==
 
==Case law around the world==
  
:''(For general litigation, see [[List of lawsuits]])''
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{{also|List of lawsuits}}
  
 
===Australia===
 
===Australia===
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===United States of America===
 
===United States of America===
  
:''See: [[Case law in the USA]]''
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{{main|Case law in the USA}}
  
 
===European Union===
 
===European Union===
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====England and Wales====
 
====England and Wales====
  
:''See: [[Case law in the UK]]''
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{{main|Case law in the UK}}
  
 
====Germany====
 
====Germany====
  
:''See: [[Case law in Germany]]''
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{{main|Case law in Germany}}
  
 
====Netherlands====
 
====Netherlands====

Revision as of 07:48, 13 February 2012

Case law is a special subset of court cases which give definitions about how patent law is to be interpreted in the given country. The most important cases define what is and isn't patentable subject matter (i.e. is software patentable or not).

There are many criteria on which a court can rule a patent to be invalid. A court might say the patent wasn't original enough, or wasn't sufficiently innovative. Those court rulings are not very interesting for our goal of excluding software from patentability. An example is the ruling in Germany which invalidated Microsoft's Fat32 patent.[reference needed]


Examples of useful rulings include Aerotel v. Telco (2006, UK), and in re Bilski (2008, USA).

Case law around the world

See also: List of lawsuits

Australia

Canada

Israel

United States of America

Main article: Case law in the USA

European Union

England and Wales

Main article: Case law in the UK

Germany

Main article: Case law in Germany

Netherlands

France

  • See: France (various subsections)

Related pages on ESP Wiki

External links