Trademark Registration and Patent Application

Can a Software Patent Be Obtained?

As the fourth industrial revolution unfolds, computer software has permeated every aspect of our lives, from banking and automotive to education, healthcare, food, and textiles. According to data from the World Intellectual Property Organization (WIPO), Digital Communications leads the list of software patent applications, while Computer Technology is the second fastest-growing field. These two technical fields are transforming technical applications from other fields into smart devices. […]

As the fourth industrial revolution unfolds, computer software has permeated every aspect of our lives, from banking and automotive to education, healthcare, food, and textiles. According to data from the World Intellectual Property Organization (WIPO), Digital Communications leads the list of software patent applications, while Computer Technology is the second fastest-growing field. These two technical fields are transforming technical applications in other fields into smart devices. So, how is software that solves problems and makes our lives easier protected? Which sectors have seen the most software patent applications globally and in Türkiye in recent years?

Can software be patented?

Today, computers and the programs running on them have become essential devices in our homes and businesses, making life without computers nearly impossible. Computer programs (software) provide solutions to technical problems, and these solutions also meet the patentability criteria of novelty and industrial applicability. Official patent authorities, such as TURKPATENT, grant patent protection to inventions that involve a computer program and technical elements with which the computer program interacts, even if the solution is implemented by a computer program. These patents provide protection if they meet the patentability criteria.

Huawei, Samsung and LG are in the top three software rankings

In this context, when we look at WIPO (World Intellectual Property Organization) data, it appears that 61.8% of patent applications filed by the United States in 2019 were related to software. (This number increased by 21.64% compared to the previous year.) When we look at the ranking of companies with the most applications globally, we see that four of the top 10 companies are from Europe, two from the US, and the other four from Asia. The top three companies are Huawei, Samsung, and LG. When we examine the applications from European countries, we see that the applications predominantly belong to smaller organizations.

Digital Communication comes first..

When examining sectors, Digital Communications surpassed Medical Technology, which had been at the forefront for many years, to show the fastest growth. The growth in digital communications stemmed from the growth of several countries filing numerous patent applications, particularly China (+% 65), the US (+% 15), and South Korea (+% 36). Europe is both an attractive market for other players and a region actively innovating. The share of patent applications in digital communications demonstrates this. We can also attribute the growth in digital communications to the development of 5G technologies. The second fastest-growing area was Computer Technology, fueled by the rise of artificial intelligence. With a % 10 patent application increase, Computer Technology became the second fastest-growing technology area at the EPO in 2019. Growth was primarily driven by patent applications from China (+% 19 increase compared to 2018), the US (+% 14), as well as EPO member countries (+% 9).

Software patent applications in Türkiye.

The total number of applications related to software published in Türkiye in 2019 was 1,947. Fifty percent of the applications, in line with the global average, were from telecommunications. This was followed by security systems, e-commerce, tracking systems, electronic home appliances, and healthcare systems. Among all applications, universities accounted for a 1/3/5 percentage point difference.

“All sectors need software..”

Kemal Yamankaradeniz, Chairman of the Board of Destek Patent, said, "The software industry occupies a very strategic position. In today's highly competitive business world, every other sector requires software in some way. Unless we develop innovative applications, it becomes increasingly difficult to survive and maintain our presence in the industry."

Türkiye’de de tamamen kendi geliştirdiğimiz yazılımlarımız var, fakat sayıları henüz çok fazla değil, yolumuz uzun. Bu süreçte Ar-Ge çalışmaları çok önemli. Bu çalışmaların hem sektörün önünü açacağına, hem de inovatif uygulamaların yaygınlaşmasını sağlayacağına inanıyorum. Ancak bu çalışmalar sonucunda ortaya çıkan yenilikçi uygulamalar yurt içi ve yurt dışı pazarlarda karşılık bulacaktır. Aynı zamanda dünyada yazılım geliştiricilerin istihdamının 2018’den 2028’e kadar, tüm meslekler arasında %21 oranında artış göstererek en hızlı büyüyen meslek olacağı tahmin ediliyor. Tüm bu öngörülere istinaden ülkemizde de yazılım ile ilgili destekler yapılmaktadır. En son Sayın Cumhurbaşkanımızın başlattığı “1 milyon yazılımcı” projesi de; hem nitelikli gençlerin istihdam edilmesine, hem de yazılım sektörünün gelişmesine katkı sağlamaktadır.” dedi.

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