ITWeb: Patenting computer software in SA
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Started by: zoobabzoobab
Date: 11 Feb 2009 11:13
Number of posts: 1
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Burrell further suggests the Copyright Act and Patents Act do not provide adequate protection for computer programs and that South African courts should adopt the approach outlined in the "Guidelines for Examiners in the European Patent Office". Fortunately, as will be seen later, there have been many cases on this subject matter in the US and Europe, in particular, and substantial progress has been made in clarifying what similar or identical wording to that found in these sections means. Recent cases and patent office practice notes in the UK have also clarified the position there. The net result is that computer software is largely patentable in foreign jurisdictions, and we can extrapolate to some extent from such jurisdictions to SA.
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