Difference between revisions of "Patentable subject matter"
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For example, in all or most countries, mathematical formulas are considered not to be patentable subject matter. Therefore, even if a mathematical formula fulfils the other [[criteria]] (it's new, it's original, it's useful), it cannot be patented. This is the basis of the interest in [[software is math]] arguments. | For example, in all or most countries, mathematical formulas are considered not to be patentable subject matter. Therefore, even if a mathematical formula fulfils the other [[criteria]] (it's new, it's original, it's useful), it cannot be patented. This is the basis of the interest in [[software is math]] arguments. | ||
| − | + | ==Where is it defined?== | |
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| + | In most of [[Europe]], patentable subject matter is defined by the [[European Patent Convention]]. | ||
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| + | In the USA, it's section §101 of [[Legislation in the USA|the legislation]]. | ||
==Related pages on {{SITENAME}}== | ==Related pages on {{SITENAME}}== | ||
Revision as of 15:31, 2 February 2011
Patentable subject matter is the patentability criterion which defines the types of innovation that can be patented. The goal of anti-software-patent campaigns is to have definitions of patentable subject matter clearly exclude software ideas.
In the USA, when the context makes it obvious that patents are the topic, this is sometimes called statuary subject matter.
For example, in all or most countries, mathematical formulas are considered not to be patentable subject matter. Therefore, even if a mathematical formula fulfils the other criteria (it's new, it's original, it's useful), it cannot be patented. This is the basis of the interest in software is math arguments.
Contents
Where is it defined?
In most of Europe, patentable subject matter is defined by the European Patent Convention.
In the USA, it's section §101 of the legislation.
Related pages on ESP Wiki
- Software is math - math is generally considered non-patentable
- Storyline and fashion patents
- Choose your words - with suggestions for how to define patentable subject matter
- Criteria for patentability
- Excluding gene patents in the USA
- Technical solutions, not technical problems
