What''s the scenario in USPTO and EPO?

The situation at the USPTO

The United States Patent and Trademark Office has been hesitant to grant software patent protection. Many software inventions have been deemed "abstract ideas" by the USPTO and federal courts. Patent protection is not available for abstract ideas.

Since this recognition of "abstract ideas," the USPTO's allowance rate for granting software patents has decreased from around 50% to around 10%. Under the Copyright Act, 17 USC. 101, software recognised as a "literary work" receives copyright protection in the United States. Copyright safeguards a software program's structure, sequence, and organisation.

According to the scenario in the EPO Article 52(2)(c) of the European Patent Convention, software programmes are not patentable subject matter. The EPC specifically states that "schemes, rules, and methods for performing mental acts, playing games, or conducting business, as well as computer programmes" are not patentable inventions.

According to this, most European countries have also rejected patent protection for software programmes. However, according to Article 52(3) of the EPC, the patentability of computer programmes, among other things, is limited to the extent that European patent applications and patents related to that subject matter are "as such."

This implies that the software should go above and beyond the technical interactions between hardware and software. The European Union Computer Programs Directive protects software as a literary work under copyright.

Copyright protection is built into software programmes, which has numerous advantages. However, suppose the applicant can demonstrate a specific inventive step and wishes to commercialise the software to the greatest extent possible. In that case, patent protection might be preferable. To make an informed decision, all factors must be considered.