[Patents] saoftware as such

[antonio abrantes antonio_abrantes@hotmail.com]

Jean Smets writes:

>>>Also, the sentence "software as such can not be patented" is an
invention of the ... The Munich Convention clearly states that (1) software 
can not be patented (2) inventions containing
software can be patented. Then, EPO and patent attorneys have invented
this notion of "software as such" in order to explain that certain
software is not "as such" because it has technical effects and
circumvent the exception on software.Actually, this notion of "software as 
such" and "software not as such" is completely ridiculous<<

In VICOM case T208/84 the court establish a parallell between digital 
filters and analog filters. Let´s suppose a input signal that is filtered by 
a notch circuit, made of physical components (inductors, capacitors, etc..), 
such circuit could be subject matter of course. So let´s imagine that 
exactly the same filter could be impemented usind digital techniques, using 
a computer program, and a type of recursive filter. this filter gives 
exactly the same effect of the previous circuit. Why such a computer program 
could not be subject matter ? It´s no sense. Clearly the new technologies, 
are using inventions where matter is no more the main factor. In 
telecomunications for instance 50Kg of fiber optics permits the same number 
of communications at same distance, than 1 ton of copper. In semiconductors, 
the rwa material represents less than 3% of the final price of the 
component. the vehicles each day are becoming more light than in the past, 
so it´s obvious that we are going to a world where the inventions are 
becoming more virtual.

Antonio Abrantes
patent examiner
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