From mattias.lundstrom@digitalroute.com  Thu Nov  8 17:41:13 2001
From: mattias.lundstrom@digitalroute.com (Mattias =?ISO-8859-1?Q?Lundstr=F6m?=)
Date: Thu, 08 Nov 2001 18:41:13 +0100
Subject: [Patents] Alert: Software Patents in Europe: Juridical Coup at the    EPO
References: <20011108005251.54B5614A33@stabilite.aful.org> <200111081511.KAA472349@shell.TheWorld.com>
Message-ID: <3BEAC3B9.5050905@digitalroute.com>

The EPO is not merely "trying to come up with a workable solution".
They are trying to extend patentability as far as they can.

While "as such" is a very ill-defined concept the EPO have been twisting
the meaning so far that now the "programs for computers" exception in
52.2c might as well not be there.

This clearly go against the at least the intent of the drafters.

The EPO would certainly argue that it does not strictly speaking goes
against the letter of the EPC, but this is a dubious position. How can
you state that it is reasonable to interpret "computer programs as such"
to mean "computer programs that does no useful work"?
(From EPO policies:
"...a computer system suitably programmed for use in a particular field, 
even if that is, for example, the field of business and economy, has the 
character of a concrete apparatus, in the sense of a physical entity or 
product, and thus is an invention...")

-- Mattias

PS. I have not used the word "criminal" about the EPO, but if they are
    breaking the EPC, then it seems a good word to use.

Gregory Aharonian wrote:

>>The EPO has finally gone all the way towards completely ignoring the
>>software exception in 52.2c.
>>
> 
> No, EPO is ignoring the theoretical exception in 52.2c by making sure
> applicants aren't patenting computer programs "as such", using 52.3.
> 
> Don't blame EPO for trying to come up with a workable solution for the
> joint stupidity of 52.2 and 52.3.  Blame whoever drafted the EPC for
> sticking such ill-defined language into the EPC.  And their use isn't
> "criminal" when using 52.3, so stop using that word on this list.
> 
> Greg Aharonian
> 
> 




