The subject also includes the question of whether european patents granted by the european patent. Software patents are a potent threat to both open standards as well as foss. Some software experts think that too many software patents are being granted, inhibiting new software development. The patentability of software, computer programs and computerimplemented inventions under the european patent convention epc is the extent to which subject matter in these fields is patentable under the convention on the grant of european patents of october 5, 1973. The last fiscal year is the most recent 12month accounting period that a. Oct 07, 2014 everything you need to know about software patents. This list provides a quick way to figure out how old patent is if you dont have access to the front page of the patent. Granted patents 20092018 per country of residence of the applicant xls, 21 kb granted patents 20092018 per field of technology xls, kb granted patents per field of technology and per country of residence for each individual year from 2009 until 2018 xls, 119 kb. Patenting software world intellectual property organization. Amazon was the biggest gainer in patents last year amzn.
Jan 15, 2016 those numbers include both design and utility patents. Those numbers include both design and utility patents. This was due in part to judicial decisions during this period that limited the scope of software protection. Asia accounted for more than twothirds of all patent, trademark and industrial design applications in 2018, with china driving overall growth in demand for intellectual property ip rights as the united states of america u. The inventors, their successors or their assignees become the proprietors of the patent when and if it is granted. Forgent networks claimed this patent, granted in 1987, covered the jpeg image. Uspto breaks new ground with 300,000 patents issued this. Software and hardware work in tandem in today s information society. Under the current patentability regime in the united states, software patent applications must meet one. The number of utility patent applications filed in the united. The following table displays the calendar year along with counts of patent applications and grants, by document category updated 42019. As per recent data showing a ranking of companies according to how many patents had been assigned to them as of the end of 2019, ibm had 9,262 patents assigned to them at this time. We find that over 20,000 software patents are now granted each year, comprising about 15 percent of all patents.
Jan 10, 2019 here we go again software patents poised to make a comeback under new patent office rules new rule narrows landmark 2014 supreme court decision limiting software patents. Those investments result in the innovative software. Software patents poised to make a comeback under new. This was due in part to judicial decisions during this period that limited the scope of software. If you need help with the number of patents per year. This list provides a quick way to figure out how old patent is if you dont have access to the front page of the patent which has the exact date. Download scientific diagram number of softwarerelated patents granted per year by the uspto 12 from publication. A software patent is a property right, or type of utility patent, that protects any performance of a computer relised by means of a computer program. Compared with other patents, 1 see, for example, the supreme court. The intellectual property protection of computer software has been highly debated at the national and international level.
Great question, we are seeing a lot of software patents coming across upcounsel these days, so i can share the data we are seeing. In the past, the patent term ran for 17 years from the date of grant. This rule supersedes an earlier rule that permitted software patents to be issued if the patent merely recited some concrete or. We are about 34 of the way through fiscal year 2019 ends september 30, 2019 and the uspto is ontrack to issue the most patents ever in a single year period im forecasting 330,000 issued utility patents, which is up about 5% from the prior 1 year. Patent and trademark office during the period 01011977 12312015. Dec 27, 2016 dont call it a comeback these three 2016 cases gave new life to software patents its harder, but not impossible, for owners of software patents to win cases. World intellectual property indicators 2017 patents. Software patents the centre for internet and society. Over the next few years, the most interesting intellectual property trend to watch will be what happens with new patent applications. A samsung entity published 20,810 patent documents in the u. Sep 09, 20 as many high tech companies already know, patents that protect inventions implemented using computer software have been routinely granted around the world, including in canada. A patent provides protection for the invention to the owner of the patent for a limited period, generally 20 years. Ibm scores most patents in 2016, apple just misses top 10. The total sum is over 3,000 more granted patents than ibm received in 2015.
Google collects patents while lobbying against them. The patent troll crisis is really a software patent crisis. Software patents cover a wide range of topics and there is therefore important debate about whether such subjectmatter should be excluded from patent. For the first time, the uspto has issued more than 300,000 utility patents in one fiscal year. Parts a1 and a2 of this report provide yearly totals for patents granted during. A patent is an exclusive monopoly granted by a government to an inventor over his invention for a limited period of time. These three 2016 cases gave new life to software patents.
Ibm was granted 9,262 patents during the year, compared to 9,100 in 2018, an increase of 2%. A patent is a set of exclusionary rights granted by a state to a patent holder for a limited period of time, usually 20 years. Those investments result in the innovative software, devices and services that our customers use. Our growing patent portfolio microsoft on the issues. Number of software related patents granted per year by pto, 1991 to 2011 12 figure 2. This means that any invention has to relate to novel software as well as novel hardware, for it to be patentable. That is the reason, patenting software has become widespread in the us. World intellectual property indicators 2017 patents wipo. Since then, the number of software patents granted each year has nearly doubled. Apr 19, 20 the extent to which software patents should be granted varies from country to country. In fy 2019, a total number of 370,434 patents were granted at the u. This is so in canada, in the united states, in europe, in china, and in japan, among others. World intellectual property indicators is an annual report published by the world intellectual property organization wipo, providing a wide range of indicators covering the areas of. Some tech companies have used patent lawsuits as a tool against competitors in recent years, and that concerns ai users.
Patent and trademark office during the period 01011977. The rules regarding software patent eligibility have changed dramatically in recent years. The ip5 is the forum of the five largest intellectual property offices in the world cnipo, epo, jpo, kipo, uspto. A shortcut to patent vintage the list that follows organizes patent numbers by the year they were granted starting with the first patent number granted each year. Figure 1 shows that the number of software patents granted per year has. Why fewer patent applications are being filed ipwatchdog. However, it is seen that over software patent applications are filed before the indian patent office each year, of which about 100 patents are granted despite their specific exclusion from patentability. The present contribution examines the current state of the art of the software patent law in the eu section 2, new zealand section 3, and the us section 4. Amazon was the biggest gainer in patents last year amzn, goog. I gather that you essentially agree, in any event, when you acknowledge that there are a number of influences on the number of patents that issue each year, many of which cannot be traced. Fiscal year 2014 has just ended for the federal government and as expected we have a new record number of us patent grants. Everything you need to know patent law resources utility patent. The statistic shows a ranking of the 10 countries who filed the most international patent applications in 2018.
This is a list of software patents, which contains notable patents and patent applications. Samsung, again ranked second, earned 5,518 patents, and canon came away with 3,665. Everything you need to know patent law resources how to patent an idea provisional patent patent pending design patent plant patent utility patent. Patenting grew at a rate of 21% per year for high tech. We could allow some degree of patent monopolies but they should be short and few granted per year, eg, with an upper bound per year and judged. For the first time, more than 3 million patent applica tions were filed worldwide in a single year, up 8. Most countries place some limits on the patenting of inventions involving software, but there is no one legal definition of a software patent.
The list that follows organizes patent numbers by the year they were granted starting with the first patent number granted each year. Why hundreds of software patents are being thrown out bloomberg. Patenting grew at a rate of 21% per year for high tech companies during this period which. In the us, patents must be maintained three times during their lifecycle.
Most countries place some limits on the patenting of inventions involving. Visit the gallery of software patent horrors if youre feeling up to reading legal documents, we have a few dozen software patents online. Software patents under the european patent convention. This talk provides an introduction to software patents, and. For most users, reports displaying utility patent statistics will be the ones of interest utility patents are also known as patents. Software can be patented in combination with new hardware. In 1981, only about 1,200 software patents were granted. Granted patents per country of origin this graph shows the geographic origin of the patents granted by the epo 1 based on the country of residence of the first patentee listed on the published patent. We are about 34 of the way through fiscal year 2019 ends september 30, 2019 and the uspto is ontrack to issue the most patents ever in a single year period im forecasting 330,000 issued utility patents, which is up about 5% from the prior 1year high in 2017.
Number of softwarerelated patents granted per year by the usptoxii as discussed above, agile software development emphasizes short time frames and fastpaced sprint work cycles. As of 2004, approximately 145,000 patents had issued in the 22 classes of patents covering computer implemented inventions. Short guides on other areas of ip are also available. Software patent examples help software inventors understand what types of software are patentable through the u. The total is broken down by origin origin is determined by the residence of the firstnamed inventor, either u. In each renewal tranche, the maintenance fees about double. Whats the average cost of a software patent in the us. A quarter century later, the patent office was issuing 40,000 software patents per year. The gao estimates that in 2011 the majority of patents granted were softwarerelated. Patent applications are applications filed with a national patent office for exclusive rights for an inventiona product or process that provides a new way of doing something or offers a new technical solution to a problem. So it is no wonder that intellectual property protection of software is crucial not only for the software industry, but for other businesses as well. Patent statistics summary table, calendar years 1963.
Patent grant statistics a record of the rate of patent grants, that is the number of granted patent applications per year in comparison to number of applications filed. Protecting ip in an agile software development environment. Software patents under united states patent law wikipedia. The patent was granted on august 17, 1966 and seems to be one of the first software patents. Part a1 of this report provides the total count for utility patents i. Patent statistics and numbers for 2017 posted on december 28, 2017 by mjwhitekingston the uspto issued approximately 318,849 utility patents in 2017, an increase of about 5. The draft patent manual prepared by the patent office in 2008 seemingly goes against section 3k of the patents act, and allows partially for software patents. The chart below shows total patent documents published in the us, which includes both patents and applications. The number of new software patents being granted each year is growing exponentially as shown by the following data and graph 87k jpeg.
Too many patents whereas the number of patents granted increased at less than 1 percent per year from 1930 until 1982, in the two decades after the creation of the federal circuit patent grants nearly tripled, growing at an annual rate of about 5. Patents highlights more than 3 million patent applications were filed worldwide in 2016 a record number for the first time, more than 3 million patent applica tions were filed worldwide in a single year. Software patents poised to make a comeback under new patent. For most users, reports displaying utility patent statistics will be the ones of interest utility patents are also known as patents for inventions. This is a list of software patents, which contains notable patents and patent applications involving computer programs also known as a software patent. In terms of the cumulative patent holdings globally, ibm ranked second with 37,304 active patent. Patent applications for ai technology continue to skyrocket hpe. Software patents and patenting computer related inventions in. In the decade before 2014, a growing army of patent trolls were acquiring broad, vague software patents and using them to demand big payments from companies producing actual products. District and appellate courts have thrown out two of three. Jul 08, 2016 recently february 19, 2016 the government issued new guidelines for software patents in india. Patent and trademark office last year with 2,566 u.
Patent statistics summary table, calendar years 1963 to. Patents application and patents granted per year firm. After this point, more patents on software began to be granted, albeit with conflicting and confusing results. The information within this guide is intended to provide a summary of the subject matter. The united states patent and trademark office uspto is known for granting large numbers of software patents according to a 2004 paper by bessen and hunt, the uspto approves about 70 software patents per day.
Number of softwarerelated patents granted per year by the. Estimated number of defendants in patent infringement lawsuits, 2007 to 2011 16 figure 4. In various litigations in japan, software patents have been successfully enforced. For this reason, many patents are abandoned when maintenance payments are due. I have always argued that software patent eligibility is a must in a. Patents application and patents granted per year firm level post by studentaccount. Patent grants are distributed in two ways, by year of grant and by year of. Sep 03, 20 the number of software patents granted subsequently soared. Apr 11, 2018 over the next few years, the most interesting intellectual property trend to watch will be what happens with new patent applications. The problem with the prior art it is famously difficult to figure out whether a software patent application. Everything you need to know about software patents vox. These profiled documents hereafter will be referred to as patents. Some would argue that software patents are inappropriate, and that rather than spur innovation software patents give large corporations a stick with which to beat new competitors.
The source of the data used for this report is the taf database maintained by the u. The user should note that while the data in this table have been checked, it still is possible that. United states patent and trademark office software patents. Issue years and patent numbers united states patent and. Patent counts by country, state, and year all patent. Patent and trademark office during the period 01011963 12312015. If a patent is granted to more than one proprietor, the laws of the country in question and any agreement between the proprietors may affect the extent to which each proprietor can exploit the patent. Software patents cover a wide range of topics and there is therefore important debate about whether such subjectmatter should be excluded from patent protection. The statistic illustrates the number of patents issued in the united states from fy 1998 to fy 2019. Patent infringement lawsuits, 2000 to 2011 14 figure 3.
The mountain viewbased technology corporation earned the 8thmost patents from the u. Do you really need a patent for your softwarerelated invention. Origin utility patent applications, foreign origin utility patent applications, foreign origin percent share. Year of application or grant utility patent applications, u.
740 1078 1038 1506 577 1224 771 692 1139 1401 417 1243 1373 895 519 722 189 1211 704 606 1103 885 1153 661 652 103 915 337 123 1404 72 855 640 442 47 990 1023 1070 382 1225 413 1037 504 406 1352 251 1337