23 JUN 2016

On June 22, the UBA Meeting 'Software Protection not by Copyright: Examination of Applications for Patents, Judicial Practice' was held

On June 22, the third, and, at the moment, the last seminar within discussion on protection of IP rights in IT sphere was organized. The event was arranged by Ukrainian Bar Association (UBA) Committees, namely by Committee on IP Law and Committee on IT, Telecom & Internet Law.

The final meeting was fully devoted to the issues of software patenting in Ukraine and abroad. The participants received the opportunity to know the opinions of judges, experts of Ukrainian Patent Office ('Ukrpatent'), leading Ukrainian IP lawyers concerning legal peculiarities as well as practical aspects of patenting and protection of rights to inventions and utility models in IT sphere.

As to Ukrainian legislation, software itself cannot be the object of invention or utility model, and only technical solution in IT sphere may be patented. Due to specific nature of the industry, procedure of software patenting is rather controversial, which cause a lot of questions and discussions.

Among the topics of the seminar were the grounds for refusal in granting of patents related to methods used in computer programmes as well as business-methods, possibilities for unification of the approach to rejection and acceptance of applications by 'Ukrpatent' during formal examination. The attention was also paid to analysis of foreign practice of granting software patents, in particular, to the approach to examination of applications which is used in PCT procedure.

IPStyle Director, Patent Attorney and Attorney-at-Law Mariya Ortynska participated in the meeting as a speaker. She spoke for the patenting of IT developments, with necessity of taking into consideration international practice and implementation of efficient mechanisms for IP rights protection.