Re: [Patents] UKPTO software piracy watch page

[Philippe Coulonges <cphil@cphil.net>]

Le Mercredi 6 Mars 2002 00:03, PILCH Hartmut a écrit :

> The "as such" clause needs no clarification.  The UKPTO has proposed a
> "clarification" that would make everything under the patentable by
> rendering the list of exclusions in art 52(2) moot.
>
> The appositive "as such" is as clear as anything, but it has been abused
> by the EPO and the UKPTO as well as british courts.  Any X is also an X as
> such and vice versa.  It is grammatical nonsense to distinguish between
> "technical X" and "not-as-such X".
>
> You can get a blessing for saving a child's life, even if in order to do
> that you killed the dog that was biting the child.  But you won't get a
> blessing for killing as such.  Likewise, you can get a patent for
> disclosing a teaching about a new physical causality (technical teaching),
> even if the patented process runs under program control.  But you won't
> get a patent for the program as such.

Excellent analogy. It should help to clear some minds, I'll reuse it.

CU
CPHIL

-- 
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