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- From: PILCH Hartmut phm@a2e.de
- Subject: (fwd) Re: [Patents] Report on software patents.
- Date: Tue, 12 Dec 2000 22:27:43 +0100 (CET)
> >What is peculiar about software is that it is information and a
> >process to transform information at the same time.
>
> So what. It is not physical. But "physical" is not in the patent
> laws, only words like "technical" and "functional".
Neither "technical" nor "functional" nor "physical" can be found in
European patent law. On the other hand, there is ample caselaw and legal
literature on both sides of the Atlantic showing that "natural forces",
"transformation of matter" and the like come to mind whenever a closer
definition of the limits of patentability is asked for. Actually some
of the decisive sentences of my regulation proposal are copied and pasted
from this European caselaw.
-phm
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