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OverviewThis book explores the question of whether software should be patented. It analyses the ways in which the courts of the US, the EU, and Australia have attempted to deal with the problems surrounding the patentability of software and describes why it is that the software patent issue should be dealt with as a patentable subject matter issue, rather than as an issue of novelty or nonobviousness. Anton Hughes demonstrates that the current approach has failed and that a fresh approach to the software patent problem is needed. The book goes on to argue against the patentability of software based on its close relationship to mathematics. Drawing on historical and philosophical accounts of mathematics in pursuit of a better understanding of its nature and focusing the debate on the conditions necessary for mathematical advancement, the author puts forward an analytical framework centred around the concept of the useful arts. This analysis both explains mathematics’, and therefore software’s, nonpatentability and offers a theory of patentable subject matter consistent with Australian, American, and European patent law. Full Product DetailsAuthor: Anton Hughes (Maurice Byers Chambers, Australia)Publisher: Taylor & Francis Ltd Imprint: Routledge Weight: 0.453kg ISBN: 9781138240599ISBN 10: 1138240591 Pages: 246 Publication Date: 11 March 2019 Audience: College/higher education , Professional and scholarly , Postgraduate, Research & Scholarly , Undergraduate Format: Hardback Publisher's Status: Active Availability: In Print This item will be ordered in for you from one of our suppliers. Upon receipt, we will promptly dispatch it out to you. For in store availability, please contact us. Table of ContentsAcknowledgements Introduction 1 The nature of software 2 Why software patents are a problem 3 The nature of mathematics 4 Why mathematics is not patentable 5 Why programming is not among the useful arts 6 Implications Conclusion IndexReviewsAuthor InformationAnton Hughes has a doctorate in patent law and currently practices as a barrister in Sydney, Australia. Tab Content 6Author Website:Countries AvailableAll regions |