From phm@a2e.de Fri, 23 Jun 2000 11:30:47 +0200 (CEST)
Date: Fri, 23 Jun 2000 11:30:47 +0200 (CEST)
From: PILCH Hartmut phm@a2e.de
Subject: [Patents] Re: Press release about the BT patent on hyperlinks

> I am beginning to think that the way to decide the scope of
> patentablility is for the law to lay down what things can infringe on a
> patent, rather than which patents can be granted.

That is the same.
The EPC is actually quite clear:  a patent cannot be granted on a computer
program (i.e. a computer program cannot infringe on a patent), but it can
be granted on a non-program that contains a program.

This would mean that MP3 software cannot be patented (= claimed = infringe
on a patent claim), but MP3 hardware could.

This kind of division may seem unsatisfactory to IP systematicians, but it
viable and it would even allow the MP3 patent owner to make lots of money.

-phm





