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- From: Jean-Jacques de Jong jjdj@free.fr
- Subject: [Patents] Re:[Patents]
- Date: Sat, 24 Jun 2000 00:03:08 +0200
Pierre BREESE a écrit :
>
> >
> > JJJ wrote
>
> > 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 :
> ...
Sorry, but I am afraid you slightly misread me. I did not write "they
are not bound by the EPC". I wrote "they are not bound by the EPO CASE
LAW".
JJJ
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