Approved by the IEEE -USA Board of Directors 20 June 2002
IEEE-USA encourages the protection of all intellectual property rights associated with computer-based products sold in domestic and international markets, including copyrights, trademark rights, trade-secret rights and patent rights. Therefore, we believe that the development in the United States of high-value software products that control programmable machines to achieve useful, novel and unobvious products and processes should be encouraged by promoting (1) the incorporation of high intellectual content into these computer software products, and (2) the establishment and maintenance of worldwide protection for the intellectual property rights associated with this intellectual content.
Patents have been an important factor in motivating business leaders and investors to finance the research and development necessary to create new products and new technologies. U.S. patent laws provide that a person is entitled to a patent on an invention that is useful, novel and unobvious over art known at the time of the invention.
We specifically recommend the patenting of computer program-related inventions that meet the strict statutory criteria imposed for patents. Engineering work product in the computer arts that meets the statutory criteria should be eligible for patenting - without discrimination - just as inventions in any other technology.
However, we also believe that improperly granted patents in any technical area hinder industry and the advancement of technology. It is important to ensure high quality examination by U.S. Patent & Trademark Office examiners in computer technology. We also specifically recommend:
- That the U.S. Patent & Trademark Office take all necessary steps to improve the collection of prior art used by the patent examiners in making patentability decisions in computer program-related inventions; and
- That the U.S. Patent & Trademark Office take all necessary steps to raise and maintain the level of accessibility and search methodology in computer program-related examining to help ensure that only quality patents are issued.
This statement was developed by the IEEE-USA's Intellectual Property Committee and represents the considered judgment of a group of U.S. IEEE members with expertise in the subject field. IEEE-USA is an organizational unit of The Institute of Electrical and Electronics Engineers, Inc, created in 1973 to promote the careers and public policy interests of the more than 235,000 electrical, electronics, computer and software engineers who are U.S. members of the IEEE.
