[Patents] Re:[Patents]

[PILCH Hartmut phm@a2e.de]

> > This is far too theoretical. The national courts are NOT bound by the EPO
> > case law - they may very well interpret the "as such" exclusion 
> > differently,
> > to the extent that they may invalidate a software patent granted by the 
> > EPO.
> > This has been the case in the UK, where the Courts are hostile to software
> > patents.
> 
> I don't agree with your comment., The national courts have to apply the EPC 
> :
> see art. 138 : Grounds for revocation :

I don't see how your answer pertains to what JJJ wrote.
He said "they don't have to apply EPO CASELAW", you say "No, they do have
to apply the EPC".  Where's the logic? 
 
> (1) Subject to the provisions of Article 139, a European patent may only be
> revoked under the law of a Contracting State, with effect for its 
> territory, on
> the following grounds:
> (a) if the subject-matter of the European patent is not patentable within 
> the
> terms of Articles 52 to 57 [of EPC];
> ...

Exactly.  The UK patent office apparently prefers to apply the EPC rather
than EPO caselaw.

-phm