The patent concept has taken place in the Information Technology ("IT") sector as it is in every field. Evaluation of computer-based inventions regarding patentability criteria and the protection of said inventions are still a matter of debate. In our article, the matters such as; the place of patent concept in the informatics sector and how the computer-based invention can be protected and which criteria should be found in the computer-based inventions will be mentioned.
Patent is a right to the protection granted to the patent holder whose inventions that offer new solutions to technical problems. Patent rights differ from other industrial property rights in terms of the applicability in the industry and providing technological and functional innovations.
There are essential criteria for giving patent protection to an invention. They are novelty, inventive step and applicability to industry. As with all inventions, computer-related inventions must meet these criteria for patent protection.
IT devices are making people life easier by software running on them. Thanks to improved computer programs, it has enabled new solutions to technical problems in various fields. This situation has caused that patent concept occurred in the IT sector at improved technology and competitive environment. Software codes are written within an algorithm, and the computing devices become available through programs run on them. Thus, inventions which are protected by patent, they are not computer programs. In essence, computer-based patents include the interaction of related system components through a computer program and operation of the algorithm used in writing the program.
COMPUTER PROGRAMS SITUATION IN THE INDUSTRIAL PROPERTY LAW NO:6769
According to the Industrial Property Law No. 6769, the explanations are included regarding exceptions to patentability and patentability in Article 82. It is clear that computer programs cannot be patentable. However, the meaning of nonpatentable of computer programs is that software codes cannot be patentable.
PATENTABLE CRITERIA IN IT SECTOR
IT sector is getting more critical with industry revolution which is known as Industry 4.0.Patentable inventions are happening in day by day with improved technology.
Regarding information about fields that may be a subject to patent protection is included in Article 82 and the 1st paragraph of Article 27 of the Trips Agreement for the member countries of the World Trade Organization. In these related articles, it is mentioned that each invention that meets the criteria of innovation, inventive step and industrial applicability can be protected by the patent. When the practices of WIPO, EPO and other countries are analyzed, it is visible that the same procedural approaches have been realized in general.In this situation, the fact that the system and the algorithm of the present invention occurred by the computer programs have technical elements opens the doors of the patent to the IT sector. The meaning of the patent protection in computer-based inventions is that it is a technical solution to a technical problem by the computer-based system and present algorithm. From the moment a program is executed, interacts with many system elements such as client, database, mobile device devices, application server, other computing devices and the like. Thus, there are more than software codes.
Patent protection of computer-based inventions is known fewer in comparison with other fields. In contrary to this information, this type of inventions have been protected by patent for many years. When the samples taken from different fields are examined, it is visible that system elements and methods are considered and protected as a whole in computer-based inventions. Almost every technological device that we use has a computer program. Computing devices, mobile devices and the like cannot work alone. They interact with other elements and offer solutions explicitly developed for technical problems.
The patent concept in the information world is getting famous day by day as an integral part of science and technology. The society should improve their perspective and break prejudices about patenting computer programs. When a computer program is mentioned, it is essential to consider the elements of a system rather than software code.
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