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Can someone explain how software for generic computers does not count as "software as such", which the EPC excludes from patentability [1]? What is the purpose
by jevoten 5y ago
Can someone explain how software for generic computers does not count as "software as such", which the EPC excludes from patentability [1]?
What is the purpose of excluding software from patents, only to have the next paragraph (according to, in my opinion, severely mistaken interpretation) revert that exclusion? The following paragraph from wikipedia illustrates what a farce this is:
One interpretation, which is followed by the Boards of Appeal of the EPO, is that an invention is patentable if it provides a new and non-obvious "technical" solution to a technical problem. The problem, and the solution, may be entirely resident within a computer
So software is only patentable if.. it satisfies the same non-obviousness criteria that non-software patents are subject to?? In that case the entire text excluding software patents could be stricken from the law, without changing the law's meaning!
[1] https://en.wikipedia.org/wiki/Software_patents_under_the_European_Patent_Convention#Article_52_of_the_European_Patent_Convention https://en.wikipedia.org/wiki/Software_patents_under_the_Eur...
- croes 5y agoExactly, the German Federal court made a judgement in 2010 so that nearly all programs are technical solutions which are patentable.