Software patents- Blueprint v. Component

Even though Patent Cooperation Treaty makes it easier, the patent rights have to be secured in each country. Having the patent right gives the right owner control over making, importing, selling, and using of the component that embodies the patent claim.

In Microsoft v. AT&T (2007) the Supreme Court ruled that software on a medium is just information, similar to a blueprint. The software patent claim owner has no right over this information. Even though software as a component is easy to copy, or manufacture, it does not give the claim owner any additional rights. The software component is used in a product only when it is attached to a computer.

Rajeev Narang
Managing Partner

My research interests include Law, Finance, and Information Technology.