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 typically means a further technical effect that goes beyond the normal physical interaction between the program and the computer.
Though many argue that there is an inconsistency on how the EPO now applies Article 52, the practice of the EPO is fairly consistent regarding the treatment of the different elements of Article 52(2). A mathematical method is not patentable, but an electrical filter designed according to this method would not be excluded from patentability by Article 52(2) and (3).
According to the jurisprudence of the Boards of Appeal of the EPO, a technical effect provided by a computer program can be, for example, a reduced memory access time, a better control of a robotic arm or an improved reception and/or decoding of a radio signal. It does not have to be external to the computer on which the program is run; reduced hard disk access time or an enhanced user interface could also be a technical effect.
Read more about this topic: Software Patents Under The European Patent Convention
Famous quotes containing the words european, patent, office, case and/or law:
“When the inhabitants of some sequestered island first descry the “big canoe” of the European rolling through the blue waters towards their shores, they rush down to the beach in crowds, and with open arms stand ready to embrace the strangers. Fatal embrace! They fold to their bosoms the vipers whose sting is destined to poison all their joys; and the instinctive feeling of love within their breasts is soon converted into the bitterest hate.”
—Herman Melville (1819–1891)
“This is the patent age of new inventions
For killing bodies, and for saving souls,
All propagated with the best intentions.”
—George Gordon Noel Byron (1788–1824)
“Reason is, and ought only to be, the slave of the passions, and can never pretend to any other office than to serve and obey them.”
—David Hume (1711–1776)
“In the case of a deliberate, palpable, and dangerous exercise of ... powers not granted by the compact, the States ... are in duty bound to interpose for arresting the progress of the evil, and for maintaining within their respective limits the authorities, rights, and liberties appertaining to them.”
—James Madison (1751–1836)
“The Law is the true embodiment
Of everything that’s excellent.
It has no kind of fault or flaw,
And I, my Lords, embody the Law.”
—Sir William Schwenck Gilbert (1836–1911)