Patentability of Software and Its Effects on African Inventors in the Internet of Things Innovations

Abstract

This study explores the issues pertaining the protection of software, with a focus on patentability of software. It is necessitated by the proliferation of Internet of Things innovations and the growth of over 117 technological innovation workspaces in Africa where the majority of innovators are working on the software side of the internet of things. Given that the outputs of this innovation will regularly need to be protected by intellectual property systems to help spur innovation, the issues of the patentability of software, particularly the discrepancies between laws and regimes will need to be addressed. The study reviewed literature from various sources on innovation, software and intellectual property among other themes. The study focused on innovators in Zimbabwe and Kenya where there are over 20 innovation hubs combined and noticeable output from the hubs. The study also focused on intellectual property practitioners and experts in the ARIPO member states. Questionnaires and interviews were used to gather data in a combined qualitative and quantitative study, with analysis following the same structure. The study revealed strong patenting activity in internet things and software and computer-implemented inventions, justifying the need for African governments to look at IP protection systems for software. The study revealed that opinion on patenting of software is largely split, though users of the system prefer a combination of patents and copyright, with an improved registrable system for copyright and a strong opinion against harmonisation of global patenting systems. The study revealed also revealed that there are inherent challenges in African intellectual property offices. The study recommends improvement of software protection mechanisms in local legislation, improved awareness raising systems, building of capacity of local IP offices and review of patent laws to suit local conditions.