A Study on the Issues Associated with Software Patents in the United States and the Russian Federation

Abstract

This thesis presents a study on the issues related to software patents. The main focus of the study is to analyse patent laws of the United States and the Russian Federation, in particular, with regard to the current situation in relation with software patents, such as patent eligibility of software patents, and the current status of software patents under patent law of the aforementioned countries. Due to a large number of various problems, the software patents have attracted a considerable attention, and became the subject of heated debates and discussions at both the national and international levels. Therefore, in order to offer a full picture of the issues associated with software patents, this thesis provides a thorough analysis of the facts, figures, and sharply polarized arguments, opinions, and proposals of the parties involved into a heated debate over the issue of whether the software patents are necessary for the innovation to flourish, or, on the contrary, impede and have the negative impact on the development of innovation. Also, a great attention in this thesis is paid to the overview of the recent developments, amendments, and reforms in patent laws of the United States and the Russian Federation. In addition, the thesis examines the important judicial decisions of the U.S. courts that define contours of the eligibility of software patents, and the legislative proposals with aim to curb the abuse of patent rights, particularly abusive litigation practice. The results of the present study show that the question of patent eligibility of software patents extremely needs to be answered. In conclusion, the thesis suggests proposals and recommendations on how to solve currently existing problems, such as uncertain boundaries and lines of patent eligibility of software patents, and the abusive patent litigation practice, as well as how to avoid the software patents related issues in the future, that as a result, may improve the patent system.