Partner Brian J. McNamara lectured on Patent Protection for Computer Software and Hardware at the Japanese Intellectual Property Association’s seminar at the Hotel St. Gregory on Oct. 30, 2007.
Modern computer systems are complex assemblies of systems and subsystems which operate under software control. The trend toward integrating hardware and software functions presents special challenges to those protecting the intellectual property in such systems. Creative applications of computer technology to networks in which different computers perform portions of a task or produce numeric results further complicate the intellectual property practitioner’s task. Intellectual property protection of computer hardware and software generally takes two forms – patents and copyrights. The scope of the protection offered by each form of protection has evolved along with technology. Neither patents nor copyrights protect abstract ideas. Part 1 of this presentation discusses patent protection of computer hardware and software. Part 2 contains a discussion of copyright protection.