The prerequisite of “technical” decisive for the patentability of computer-implemented inventions, and the way ahead
(2005)Department of Law
- Abstract
- Currently, the legal provisions and the administrative practice of the European Patent Organization, the EPO, concerning the patentability of computer-implemented inventions are ambiguous and unclear. The contracting states to the EPO have all reproduced the legal framework, the European Patent Convention, into national law but the administrative practices of the national courts has led to a divergence in case law between the courts of the member states and the case law of the Board of Appeal. A non-statutory prerequisite of technical character is currently decisive for the patentability of software and business method patents. The interpretation of this prerequisite has varied within the EU and has created uncertainty regarding the scope... (More)
- Currently, the legal provisions and the administrative practice of the European Patent Organization, the EPO, concerning the patentability of computer-implemented inventions are ambiguous and unclear. The contracting states to the EPO have all reproduced the legal framework, the European Patent Convention, into national law but the administrative practices of the national courts has led to a divergence in case law between the courts of the member states and the case law of the Board of Appeal. A non-statutory prerequisite of technical character is currently decisive for the patentability of software and business method patents. The interpretation of this prerequisite has varied within the EU and has created uncertainty regarding the scope of patentability for computer-implemented inventions. For the realisation and proper functioning of the internal market it is vital that the laws and administrative practices of the Members States of the EU are uniform. To achieve this, the European Commission has put forward a Proposal for a Directive on the Patentability of Computer-Implemented Inventions. The public has been consulted on its opinion regarding patents in this area, and roughly two opposing groupings can be seen. - Those who oppose patents for software, and - Those who are in favour of software patents but are sceptical or reluctant towards patents for computer-implemented business methods The Directive is largely similar to the patentability provisions of the European Patent Convention, the EPC. Moreover, the Directive has codified many important decisions by the Board of Appeal. This paper has focused on the prerequisite of technical character decisive for the patentability of computer-implemented inventions. Further, the thesis looks at how the national administrative practices deviate from each other and how the proposed Directive is intended to clarify the current ambiguities. The merits of the Directive in combination with the author's own suggestions are evaluated and weighed against economic theory. (Less)
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http://lup.lub.lu.se/student-papers/record/1560156
- author
- Mehkri, Jakob
- supervisor
- organization
- year
- 2005
- type
- H3 - Professional qualifications (4 Years - )
- subject
- keywords
- EG-rätt
- language
- English
- id
- 1560156
- date added to LUP
- 2010-03-08 15:55:26
- date last changed
- 2010-03-08 15:55:26
@misc{1560156,
abstract = {{Currently, the legal provisions and the administrative practice of the European Patent Organization, the EPO, concerning the patentability of computer-implemented inventions are ambiguous and unclear. The contracting states to the EPO have all reproduced the legal framework, the European Patent Convention, into national law but the administrative practices of the national courts has led to a divergence in case law between the courts of the member states and the case law of the Board of Appeal. A non-statutory prerequisite of technical character is currently decisive for the patentability of software and business method patents. The interpretation of this prerequisite has varied within the EU and has created uncertainty regarding the scope of patentability for computer-implemented inventions. For the realisation and proper functioning of the internal market it is vital that the laws and administrative practices of the Members States of the EU are uniform. To achieve this, the European Commission has put forward a Proposal for a Directive on the Patentability of Computer-Implemented Inventions. The public has been consulted on its opinion regarding patents in this area, and roughly two opposing groupings can be seen. - Those who oppose patents for software, and - Those who are in favour of software patents but are sceptical or reluctant towards patents for computer-implemented business methods The Directive is largely similar to the patentability provisions of the European Patent Convention, the EPC. Moreover, the Directive has codified many important decisions by the Board of Appeal. This paper has focused on the prerequisite of technical character decisive for the patentability of computer-implemented inventions. Further, the thesis looks at how the national administrative practices deviate from each other and how the proposed Directive is intended to clarify the current ambiguities. The merits of the Directive in combination with the author's own suggestions are evaluated and weighed against economic theory.}},
author = {{Mehkri, Jakob}},
language = {{eng}},
note = {{Student Paper}},
title = {{The prerequisite of “technical” decisive for the patentability of computer-implemented inventions, and the way ahead}},
year = {{2005}},
}