While it's true that under the Intellectual Property Code software per se cannot be patented, to the extent that software has a (patentable) technical effect, it can be covered by patents. This limited exception, in contrast to the US IP system that permits the patenting of software and business methods, is recognized in the EU, Japan, and, surprisingly, in our country too. I attended a patent conference last year co-sponsored by the IPO and an expert from the IPO said/confirmed that software-related patents which have a technical effect can be patented. I also heard that there are pending applications for software-related patents with the IPO.
There is some logic in allowing for patent protection for software-related inventions. For example, if an innovative, patentable device is composed of both hardware and software (which in the 21st century is likely the case), then the software component of the device should also be protected under IP law, together with its hardware. It is in the process of working with the hardware that the software produces a technical effect that can be protected. Again, this is a very limited exception, and the general rule is still that software (in and of itself) is not a patentable subject matter. On 10/9/08, Holden Hao <[EMAIL PROTECTED]> wrote: > On Thu, Oct 9, 2008 at 11:14 AM, KRTorio <[EMAIL PROTECTED]> wrote: >> Our company is applying for patents to our software. >> We're using open source software (php frontend, database is mysql, >> asterisk >> for voip applications). >> >> Is it ok for the whole software to be patented, ok for some parts only >> (patentable ones like user views, database schema), or none at all? > > Software is not patentable in the Philippines. Or not yet anyway. It > is best to consult a lawyer. > > > > Holden > _________________________________________________ > Philippine Linux Users' Group (PLUG) Mailing List > http://lists.linux.org.ph/mailman/listinfo/plug > Searchable Archives: http://archives.free.net.ph > -- ---------------------------------------------------- bong dizon law.norms.code http://lawnormscode.sync.ph _________________________________________________ Philippine Linux Users' Group (PLUG) Mailing List http://lists.linux.org.ph/mailman/listinfo/plug Searchable Archives: http://archives.free.net.ph
