Business Law - Intelectual Property Rights: Que stion:(ANSWER in IRAC format )Th

Question

Business Law - Intelectual Property Rights: Question:(ANSWER in IRAC format )Three inventors developed a software program that generated a particularly clear screen display on a computer. The PAtent Trademark Office (PTO) refused to issue a patent for this software. Do the inventors have a right to a patent? Argument for the Patent Trademark Office PTO: This software is merely a series of mathematical formulas that cannot be patented. Argument for the inventors: The program is not merely a mathematical concept or an abstract idea, but rather a specific machine to produce a useful, concrete, and tangible result. (ANSWER in IRAC format )

Explanation / Answer

Issue:- The main issue, in this case, is that whether the patent should be granted to the three inventors who developed a software program that generated a particularly clear screen display on the computer.

Rule:- In the copyright acts, the computer programs are not effectively protected as computer programs are not seen as a fixed and tangible object. Object code was viewed as a utilitarian good produced from source code rather than as a creative work

Application:- Patent Trademark Office PTO denied the patent for the software by stating that software is merely a series of mathematical formulas that cannot be patented.

Conclusion:- If we look at the argument of PTO and the inventories, the argument of inventors was that software program is mainly the machine which produces useful, concrete, and tangible result. On the other hand, PTO states that this software is nothing but mathematical formula. If we look closely, the inventors came up with a new concept of developing a screen display which was not offered by anyone else and it was the only product of its kind. We must note that if proper protection is not given to the development of these kinds of software, then many inventors and software programming companies will not invest in developing software.
Looking at these two arguments, I think a patent should be granted to the inventors.

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