[Patents] Software & Business Methods

[Stephen Probert stephenprobert@hotmail.com]

>>>PILCH Hartmut <phm@a2e.de> 13/10/2000 16:49:10 >>>
>Then why don't they just grant a patent on the invention without
>reference to a computer program?

They do, when that is what the applicant applies for.  But don't forget, the 
Patent Offices don't write the applications - the applicants or their patent 
attorneys do that.  If it complies with the law (as interpreted by the 
Courts), the Patent Office has to grant it, regardless of whether the 
monopoly is narrower than might have been allowed.

>For something to be a technical invention, it must teach a new way of
>using natural forces, based on new empirical knowledge.

This is not a requirement of UK patent law so I cannot really comment.

>The EPO allows patenting of business methods ("not as such") that
>wouldn't work without "technical means" such as the Internet.

I'll take your word for it.  I have no comment to make.

>Claiming that you allow computer programs to be patented but not >business 
>methods is just another deceptive means of soothing the
>public.

The UK Patent Office does grant patents for computer programs, provided that 
the program is capable of producing a technical effect when run on a 
computer.  The UK Patent Office does not grant patents for methods of doing 
business whatever the technical advance may be, because that is what the 
Courts in the UK have decided.  It has nothing to do with soothing the 
public.

Steve Probert
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