Patents specifically involving the software market, which also have clear consequences in the telecommunications market, present an existential dilemma. While the software itself (pure code) is not patentable, but governed by copyright, this does not mean it can not receive patent protection.

Software has the common requirements for patentability, such as technical characteristics and the ability to perform a task or transform something, including abstract matter such as information.

This subtle and fundamental divergence between what the software is (not patentable) and what it does (patentable) is a contentious judicial area in intellectual property. Daniel Legal & IP Strategy provides specialized support and assistance to its clients in this area.

Silvia Boechat
Head of Area
[email protected]

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