Software-Related Patents:
Venezuela
copyright 1997 Donald M. Cameron , Aird & Berlis
Contents
Statutes
The Venezuelan Patent Act does not deal with specifically with computer programs. Article 15.2 excludes from patentable subject matter "systems, combinations or financial plans, either speculative, commercial, advertising or simply control."
Article 6 of Andean Decision 344, the patent law being applied by the PTO, states:
The following shall not be considered inventions:
(c) literary and artistic works, or any other aesthetic creation, as well as scientific works;
(d) plans, rules and methods designed for intellectual activities, for games or economic-commercial activities, as well as computer software or the programs involved in it.
It is believed that computer programs are patentable when they become an integral part of a manufacturing process which they control. (1)
Regulations
There are no regulations that deal specifically with the patentability of software.
Case Law
There is no case law that deals specifically with the patentability of software.
Endnotes
1. Victor Benetata, "The Legal Protection of Computer Software".
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