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Book Cover
Author Hughes, Anton, (Lawyer), author.

Title The patentability of software : software as mathematics / Anton Hughes
Published New York, NY : Routledge, 2019
Online access available from:
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Description 1 online resource
Series Routledge research in intellectual property
Routledge-Cavendish research in intellectual property.
Contents Cover; Half Title; Series Page; Title; Copyright; Contents; Acknowledgements; Introduction; 1 The nature of software; 2 Why software patents are a problem; 3 The nature of mathematics; 4 Why mathematics is not patentable; 5 Why programming is not among the useful arts; 6 Implications; Conclusion; Index
Summary This book explores the question of whether software should be patented. It analyses the ways in which the courts of the US, the EU, and Australia have attempted to deal with the problems surrounding the patentability of software and describes why it is that the software patent issue should be dealt with as a patentable subject matter issue, rather than as an issue of novelty or nonobviousness. Anton Hughes demonstrates that the current approach has failed and that a fresh approach to the software patent problem is needed. The book goes on to argue against the patentability of software based on its close relationship to mathematics. Drawing on historical and philosophical accounts of mathematics in pursuit of a better understanding of its nature and focusing the debate on the conditions necessary for mathematical advancement, the author puts forward an analytical framework centred around the concept of the useful arts. This analysis both explains mathematics', and therefore software's, nonpatentability and offers a theory of patentable subject matter consistent with Australian, American, and European patent law
Notes Includes index
Description based on print version record and CIP data provided by publisher
Subject Computer software -- Law and legislation.
Patent laws and legislation.
Software protection -- Law and legislation.
Computer software -- Law and legislation.
LAW -- Administrative Law & Regulatory Practice.
LAW -- General.
LAW -- Intellectual Property -- Patent.
LAW -- Science & Technology.
Patent laws and legislation.
Software protection -- Law and legislation.
Form Electronic book
LC no. 2018049460
ISBN 1315283182