What are the key issues in relation to protection of computer-implemented inventions by the patent regime? What are the main alternative approaches to protecting IP investment in this field? What differences (if any) exist between the way CII patents are approached in the United Kingdom and Europe? How do those approaches compare with those of other national regimes?
On the other side, the are strong arguments that patent regime expands the protection of software, and allows a creator, without being obstructed by the boundaries of idea/expression dichotomy, to seek protection for the non-literal elements of software creation by claiming the functional aspects thereof.
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However, the hurdle of sufficient technicality to come under the definition of an invention in terms of the respective patent law[4] and the various approaches thereto along with requirements to stand the plurality of tests for patentability with regard the key elements[5] of the patent system which are lively debated in the patent world. …
In Japan, software related inventions are patentable if such an invention can be defined as being a creation of technical idea utilizing laws of nature.
Therefore, such as business method per se, computer programming language itself and gaming rules are non-statutory inventions[11]. Although the Japanese Practice gives guidance for formulation of claim preambles which make the wording meet this requirement
, it remarkable that non-statutory inventions are to be rejected[13] if insufficiently utilizing the law of nature which is not required in statutes for the any other trilateral patent systems[14]. In my humble opinion, software inventions are a good thing also long as they confined within the strong containment of technological contribution.
Thus, from evolutional view[15], with marriage of software and hardware in modern
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