value of Dispositionsprogramm today

[PILCH Hartmut <phm@a2e.de>]

> Moreover, the Dispositionsprogramm decision is still highly respected.
> Even the EPO quotes it in many of its decisions, the BGH even more so.
> Mark Schar dedicates a lot of text to trying to explain why it shouldn't
> apply today.

Not to forget: whenever these courts find themselves in line with the
Dispositionsprogramm decision, they quote it to support their
argumentation.  You will hardly find any recent BGH decision on software
patentability that does not seek support in quoting Dispositionsprogramm.
Contrastingly, very few now quote Walzstabteilung.

> The Dispositionsprogramm decision is the bad conscience of the EPO and
> BGH, especially because it envisages the possibility of the later EPO's
> caselaw development and says explicitely that this is a "forbidden path".

-- 
Hartmut Pilch                                          http://phm.ffii.org/
Protecting Innovation against Patent Inflation       http://swpat.ffii.org/
100,000 signatures against software patents      http://www.noepatents.org/