Software Patents Under The European Patent Convention
The patentability of software, computer programs and computer-implemented inventions under the European Patent Convention (EPC) is the extent to which subject matter in these fields is patentable under the Convention on the Grant of European Patents of October 5, 1973. The subject also includes the question of whether European patents granted by the European Patent Office (EPO) in these fields (sometimes called "software patents") are regarded as valid by national courts.
Under the EPC, and in particular its Article 52, "programs for computers" are not regarded as inventions for the purpose of granting European patents, but this exclusion from patentability only applies to the extent to which a European patent application or European patent relates to a computer program as such. As a result of this partial exclusion, and despite the fact that the EPO subjects patent applications in this field to a much stricter scrutiny when compared to their American counterpart, that does not mean that all inventions including some software are de jure not patentable.
Read more about Software Patents Under The European Patent Convention: Article 52 of The European Patent Convention, Patentability Under European Patent Office Case Law, Enforceability Before National Courts, Referral To The Enlarged Board of Appeal, Directive On The Patentability of Computer-implemented Inventions, Statistics, Further Reading
Famous quotes containing the words european, patent and/or convention:
“The Indian is one of Nature’s gentlemen—he never says or does a rude or vulgar thing. The vicious, uneducated barbarians, who form the surplus of overpopulous European countries, are far behind the wild man in delicacy of feeling or natural courtesy.”
—Susanna Moodie (1803–1885)
“The cigar-box which the European calls a “lift” needs but to be compared with our elevators to be appreciated. The lift stops to reflect between floors. That is all right in a hearse, but not in elevators. The American elevator acts like the man’s patent purge—it works”
—Mark Twain [Samuel Langhorne Clemens] (1835–1910)
“The metaphor of the king as the shepherd of his people goes back to ancient Egypt. Perhaps the use of this particular convention is due to the fact that, being stupid, affectionate, gregarious, and easily stampeded, the societies formed by sheep are most like human ones.”
—Northrop Frye (b. 1912)