Nowadays, computers (hardware) - be it in the form of commercially available personal computers or minute microprocessors - as well as the corresponding computer programs (software) play a pre-eminent role in nearly all areas of human life. Modern electronic devices can no longer do without software-controlled microprocessors, and software related inventions are of utmost importance i.a. for applications in the field of information technology and telecommunications. As a rule, a high development effort is connected with software related inventions so that the question of how to protect such inventions from unauthorized imitation arises. We assist our clients in obtaining patent protection in this particular field of technology.
The German and European legal provisions as well as the established case law have changed with the times and do provide - under certain circumstances - extensive possibilities of patenting software related in-ventions. In particular, if the subject matter to be protected contributes to the state of the art, its patenta-bility is not to be denied merely on the grounds that a computer program plays a role in its realization.
Inventions which comprise a computer program, rules of calculation or organization, other software characteristics or program related methods are in principle patentable provided that they have a technical character. In a multitude of decisions the patent authorities have tried to more clearly define the term "technical character". This technical character can already be lent to the invention by the problem to be solved. Likewise, the technical character can lie in the means used to solve the problem in question or in the effect obtained by the solution proposed by the invention (e.g. in a technical effect which goes beyond the normal interaction between software and hardware). The presence of a technical character is also affirmed if, for providing a solution to the problem underlying the invention, use is made of natural forces, technical measures or tech-nical means (e.g. currents, voltages, signals in data processing units). Furthermore, the claimed subject matter can be considered to be patentable even if it relates only to the program controlled inner operation of a known data processing unit, provided that it has a certain technical effect. Software related inventions can also have a technical character and thus be patentable if the means for solving the problem underlying the invention such as computer, circuit or control elements are already known or by themselves work in a known way.
Consequently, notwithstanding the ever more software friendly case law, the wording of software related patent applications, in particular the wording of the claims which are decisive for the scope of protection, is still of utmost importance for the chances of success of such patent applications. Therefore, experience is necessary when it comes to the wording of patent applications in the field of software related inventions. We at Kraus & Weisert have already gathered comprehensive experience in this area so that our clients can rely on our professional advice for protecting inventions in this field of modern technology
Kraus & Weisert represents a large number of firms in the field of telecommunications and information technology where software or algorithm based inventions become more and more important. Our expertise in this field has been expanded over the last years. For instance, we have assisted our clients in achieving significant patent protection for inventions relating to speech and channel coding as well as information transmission per se both in mobile and wired telecommunication systems. Other exam-ples are algorithm-based inventions relating to consumer electronics like DVD technology, MP3 technology or digital television applications as well as test software for testing circuit boards or semiconductor components.
As the number of patents granted on software based inventions increases, the problem of successfully enforcing or defending against such patents gains importance. Due to the usually complex nature of the technology underlying patents relating to telecommunications or information technology, patent litigation in this field is often complex as well and requires many years of experience in this special area. We at Kraus & Weisert have been involved in various cases of litigation in the field of telecommunications or information technology, both infringement proceedings and nullity proceedings, so that we have the necessary experience to be able to offer our clients comprehensive litigation services for every phase of client activities
