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Appears in Collections:Law and Philosophy Journal Articles
Peer Review Status: Refereed
Title: Software Patents and the Internet of Things in Europe, the United States and India
Author(s): Noto La Diega, Guido
Keywords: comparative law
EU law
European patents
internet of things
United States
Issue Date: 2017
Date Deposited: 2-Jul-2020
Citation: Noto La Diega G (2017) Software Patents and the Internet of Things in Europe, the United States and India. European Intellectual Property Review, 39 (3), pp. 173-184.
Abstract: This article sheds light on the pressing issue of the patentability of computer-implemented inventions by giving account of the approaches followed in Europe, United States, and India. The occasion of this study is the adoption in 2016 of the final version of the Indian guidelines on the examination of computer-related inventions, which have been surprisingly overlooked in the legal literature. The main idea is that the Internet of Things will lead to a dramatic increase of applications for software patents and if examiners, courts, and legislators will not be careful, there is the concrete risk of a surreptitious generalised grant of patents for computer programs as such (in Europe) and for abstract ideas (in the United States). The clarity provided by the Indian guidelines, following a lively public debate, can constitute good practices that Europe and the United States should take into account.
Rights: This is a pre-copyedited, author-produced version of an article accepted for publication in European Intellectual Property Review following peer review. The definitive published version Noto La Diega, Guido (2017) Software patents and the Internet of Things in Europe, the United States, and India (2017). European Intellectual Property Review, 39 (3). pp. 173-184 is available online on Westlaw UK or from Thomson Reuters DocDel service .
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