2020-09-01

Is it Possible to Get Software Patent?

As the fourth industrial revolution comes, computer software steps into every part of our lives in various fields including banking, automotive, education, healthcare, food, and clothing. According to the World Intellectual Property Rights Organization's data, while Digital Communications ranks first among the patent applications made in the field of software, Information Technology ranks second with the highest growth rates. These two technical fields turn technical applications in other fields into smart technologies. Then what should we do to protect the software that provide solutions to problems and make our lives easier? Which are the sectors with the highest rates of patent applications both in Turkey and across the world?

Can software be patented?

Recently, computers, computer programs, and applications have become essential for our private and professional lives; given the circumstances, we cannot imagine a world without computers. Computer programs (software) provide solutions to technical problems, and the solutions also meet the inventive step and industrial applicability criteria which are also valid for patentability. Official authorities such as TURKPATENT patent and certify the inventions that contain the computer programs and technical items and aspects engaging with these computer programs even though the solutions were provided by this program, provided that they meet the criteria for patentability.

Top three companies in software industry: Huawei, Samsung, and LG

Within this framework, according to data of WIPO (World Intellectual Property Rights Organization), 61.8% of patent applications made by the United States of America were software-related in 2019 (This rate increased by 21.64% compared to the previous year). When we take a look at the top 10 firms with the highest application rate, we see that there are four European, two American, and four Asian firms. And top 3 companies are Huawei, Samsung, and LG. When we take a look at the applications made by European countries, we see that applications seem to be predominantly from smaller organizations.

Digital Communications hits the top..

When we take a look at sectors, we come to realize that digital communications have been the fastest-growing field, passing Medical Technology, which has been at the forefront for many years. The increase in digital communications is caused by the increase of several countries with a large number of patent applications, which are China (+65%), the USA (+15%), and South Korea (+36%). Europe is both a charming market for other agents, and a continent with a continuous innovation. The important share of patent applications in digital communications proves this. The growth in digital communications might have caused by the development process of 5G Technologies as well. The second fastest-growing field is Information Technology, strengthened by the improvements and progress of artificial intelligence. Information technology was the second-fastest growing technology field in EPO in 2019, with a 10% increase in patent applications. The growth is mostly caused by the patent applications from China (with +19% increase compared to 2018), USA (+14%) and EPO member countries (+9%).

Software patent applications in Turkey.

The total number of software-related applications in Turkey in 2019: 1947. Congruent with worldwide applications, 50% of the applications are related to telecommunications. After telecommunications comes security systems, e-commerce, tracking systems, electronic home appliances and healthcare systems. Among all applications, universities have an application rate of 5%.

"All sectors need software.."

Kemal Yamankaradeniz, CEO of Destek Patent expressed his opinions as follows, "Software industry has a strategic and critical role. In today's competitive business world, all other sectors and industries, one way or another, need software after all. It's getting more and more challenging for a company to survive in the sector unless it adjusts to the new and innovative practices.

We also developed our own software here in Turkey, but we are constantly in the process of improving and adapting to new challenges In that process, R&D has a very critical role. We strongly believe that these steps will not only shed light on the future of the sector, but also help spread innovative practices. Innovative practices that emerge as an outcome of these efforts will be the only way to address the clients of both domestic and foreign markets. Furthermore, it is estimated that software development will be the fastest-growing profession among all professions in employment across the globe from 2018 to 2028 with an increase of 21%. Relying on these visions, there are supports here in our country for software industry as well. The '1 million software developer' project recently launched by Turkey's President supports the employment of quality young developers as well as the software industry."