Kiev, the 14-th of June. The second part of the seminar “Unusual ways to protect IT-products” was held yesterday, on 13th of June, organized by the UBA.
Participants discussed the protection of software proprietary, ways to protect business methods and protection of databases and software right for «sui generis».
Illarion Tomarov, Senior Associate, Head of Intellectual Property Practice ILF ETERNA LAW told about the practice of obtaining and cancellation of patents for business methods implemented by software, which concern the two jurisdictions – the United States and the EU.
According to Mr. Tomarov, the European Patent Office requires the applicant to conduct a serious preparatory work on the stage of formulation of the essential features of the technical solutions to get the software patent on a business method.
Judicial practice shows that getting «software patent» is not identical to the successful protection with the help of the court as to prove non-abstract ideas and non-obviousness of the technical result is much more difficult than to disguise it under ordinary financial result.
