SW patent reply from Graham Watson (LibDem MEP)
Paul Walker <[email protected]> Thu, 10 Jun 2004 18:37:08 +0100
| Newsgroups | gmane.law.eucd.ukcdr |
|---|---|
| Message-ID | <[email protected]> |
'lo all,
Bit late, I know, but I finally got a reply. Apparently:
==
"LDEPP Members have also supported greater legal certainty in the EU, and a
restrictive definition of when patentability will be allowable. Indeed, the
amendment that they supported has now re-appeared in the Council's common
position, as well as a specific exclusion clause for computer programs.
Article 4
Conditions for patentability
In order to be patentable, a computer-implemented invention must be
susceptible of industrial application and new and involve an inventive step.
In order to involve an inventive step, a computer-implemented invention must
make a technical contribution.
Article 4a
Exclusions from patentability
1. (new) A computer program as such cannot constitute a patentable invention
2. A computer-implemented invention shall not be regarded as making a
technical contribution merely because it involves the use of a computer,
network or other programmable apparatus. Accordingly, inventions involving
computer programs, whether expressed as source code, as object code or in
any other form, which implement business, mathematical or other methods and
do not produce any technical effects beyond the normal physical interactions
between a program and the computer, network or other programmable apparatus
in which it is run shall not be patentable."
==
I'm not great at reading these things, but that looks pretty good to me.
There is some more stuff in here - definitions of 'computer-implemented
invention' and 'technical contribution', which he suspects will be too vague
- but I'm not going to type all that in unless someone actually wants it.
--
Paul
"Better to do a little well, than a great deal badly."
-- Socrates