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Software Patents Under The European Patent Convention

Even though the European Patent Convention and its Article 52 excludes the patentability of programs for computers ''as such'', that does not mean that all inventions including some software are ''de jure'' not patentable. Patents which qualify as software patents according to some definitions of the expression "software patent" have been granted by the European Patent Office (EPO) since the '80s.

Article 52 EPC

The European Patent Convention (EPC), Article 52, paragraph 2 excludes # ''discoveries, scientific theories and mathematical methods;'' # ''aesthetic creations;'' # ''schemes, rules and methods for performing mental acts, playing games or doing business, and programs for computers;'' # ''presentations of information.'' from patentability. Paragraph 3 then says: ''(3) The provisions of paragraph 2 shall exclude patentability of the subject-matter or activities referred to in that provision only to the extent to which a European patent application or European patent relates to such subject-matter or activities as such.'' (emphasis added) Many believe that, for decades, this "as such" has been interpreted as meaning "as long as an idea in the program (and anything in paragraph 2) is claimed", but this interpretation has not been followed by the Boards of Appeal of the European Patent Office, and the EPO has granted many patents, which qualify as software patents under certain definitions of the expression, since the '80s. The expression "software patent" is however not used by the European Patent Office and its Boards of Appeal.

Patentability under European Patent Office case law

Like the other parts of the paragraph 2, computer programs are open to patenting to the extent that they provide a technical contribution to the prior art. In the case of computer programs and according to the case law of the Boards of Appeal, a technical contribution means a ''further technical effect'' that goes beyond the normal physical

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Software Patents Under The European Patent Convention

Amazon's One-Click US patent has no equivalent in Europe

I removed the ''"since 1-click is patentened by the EPO as well"''. This is a fallacy since US Patent 5,960,411 entitled "Method and system for placing a purchase order via a communications network" has not equivalent in Europe. --Edcolins 22:03, 19 May 2004 (UTC)

Criticism of EPO decisions

I removed the following sentence: :Some EPO decisions have been harshly criticised in member states, especially Sohei and Pension Benefit System. Please cite your sources. Thanks. --Edcolins 19:59, Nov 24, 2004 (UTC)

should

What "should" happen is not at stake here. There is one interpreatation by the EPO that is not followed in many EU member states. In some countries there is no "as such" clause in national law. The "as such" clause was introduced by the German delegation to clarify the 5.2, historically the EPO's current interpretation is legal escape.

Matter removed

I removed the following sentence: :However, despite initial intent of the drafters of this language, the EPO has granted a number of patents whose only ''technical effect''s were indeed effects taking place within the computer itself (more efficient compression, image storage formats, various algorithmic improvements), or effects which are social rather than technical (many business method patents). Please cite your sources. Where have you read that the drafters of the European Patent Convention wanted to exclude inventions with technical effects lying in a computer itself? You also claim that the EPO has granted patent with "effects which are social rather than technical". I understand that you mean ''only'' social and not technical at all. Is it correct? Where have you read that the EPO case law accepted such things? Thanks for the information. --Edcolins 21:45, Dec 8, 2004 (UTC)

EPO pratice

The fact that the EPO grants patents does not mean that its interpretation of the EPC has any value. There

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Software Patents Under The Patent Cooperation Treaty

There is almost nothing in the Patent Cooperation Treaty that relates to software patents. The only relevant provision can be found in the Implementing Regulations under the Patent Cooperation Treaty, in which Rule 67.1 PCT states that :"No International Preliminary Examining Authority shall be required to carry out an international preliminary examination on an international application if, and to the extent to which, its subject matter is any of the following: :(...) :vi) computer programs to the extent that the International Preliminary Examining Authority is not equipped to carry out an international preliminary examination concerning such programs." However, this Rule has no consequence whatsoever as regards the patentability in national or regional patent offices designated in a PCT applications, as they have to draw their own conclusions based on their own national or regional patent law (the four regional patent offices are the European Patent Office or EPO, the Eurasian Patent Office or EAPO, the African Intellectual Property Organization or OAPI and the African Regional Intellectual Property Organization or ARIPO).

Software patent

Software patents under TRIPs Agreement

Software patents under the European Patent Convention

Software patents under US patent law

http://www.wipo.int/pct/en/texts/rules/r67.htm Rule 67 PCT Category:Computer law Category:Intellectual property treaties Category:Patent law

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Uk Patent