Appleyard Lees

Cloud & Virtual Computing

Cloud computing and virtual machines are part of the increasing trend toward abstraction of computer resources, separating the software from the underlying hardware. There are many technical challenges: connectivity, continuity, latency, security and quality of service (in other words – it is on, it works, and it keeps working). This is fertile ground for the ‘allowable’ type of software patents that cover solutions to these, and many other, technical problems.

At Appleyard Lees we’ve been working on computer and software patents from more than 20 years. In our experience, a good patent application describes the invention in detail from a technical and machine-oriented viewpoint, and makes clear the advantages. Many decided cases have stressed the importance of properly defining the invention in this way, which gives a smoother prosecution process before the Examiner at the Patent Office, and ultimately a stronger patent position in the Courts.

Patent law in this field is very active with important new decisions every year or so. The US and European legal systems have taken quite differing views on software patents in the past, but these are now converging into a common position – although still with some local nuances. We are well experienced in writing patents not only for the UK, Europe and USA, but also take into account the local needs in Japan, Korea, China, India and elsewhere.

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