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9780521868396

Software and Patents in Europe

by
  • ISBN13:

    9780521868396

  • ISBN10:

    0521868394

  • Edition: 1st
  • Format: Hardcover
  • Copyright: 2007-12-03
  • Publisher: Cambridge University Press

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Summary

The computer program exclusion from Article 52 of the European Patent Convention (EPC) proved impossible to uphold as industry moved over to digital technology, and the Boards of Appeal of the European Patent Organisation (EPO) felt emboldened to circumvent the EPC in Vicom by creating the legal fiction of 'technical effect'. This 'engineer's solution' emphasised that protection should be available for a device, a situation which has led to software and business methods being protected throughout Europe when the form of application, rather than the substance, is acceptable. Since the Article 52 exclusion has effectively vanished, it is timely to reconsider what makes examination of software invention difficult and what leads to such energetic opposition to protecting inventive activity in the software field. Leith advocates a more programming-centric approach, which recognises that software examination requires different strategies from that of other technical fields.

Author Biography

Philip Leith is Professor of Law at Queen's University Belfast.

Table of Contents

List of figuresp. viii
Introductionp. 1
Software as machinep. 6
Software as softwarep. 39
Policy argumentsp. 69
Software patent examinationp. 102
Holding the line: algorithms, business methods and other computing ogresp. 135
The third way: between patent and copyright?p. 156
Conclusion: dealing with and harmonising 'radical' technologiesp. 182
Indexp. 196
Table of Contents provided by Ingram. All Rights Reserved.

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