Re: [Patents] newsscan: Software patent limits 'go too far'

[Bernard Lang <Bernard.Lang@inria.fr>]

Bullshit


On Mon, Oct 20, 2003 at 01:53:00PM +0100, old.timer@tiscali.co.uk wrote:
> The answers to Seth's questions are simple enough.
> 
> 1) Because it (the EPO) is required to by the European Patent Convention

the EPC (European Patent Convention) does give the EPO the role of
granting patents

> and the WTO TRIPS agreement.

has nothing to do with it

> 2) Yes, software has always been patentable in Europe.

and patenting software is explicitly prohibited in article 52.2 of the
EPC ... even though illegal EPO jurisprudence is trying to distort the
law.  The calls for a new EU directive is due to the fact that the EPO
policies are not necessarily followed by courts, who have the last
say.

and not required by WTO TRIPS agreement, as was stated by several
officials from both EPO and UKPO.


> Old Timer
        ...  suffering from alzheimer disease
> 
> 
> >Seth Johnson wrote .....
> 
> >1) Why is the EPO granting patents on software?
> >2) Is software patentable in the first place?
> 
> :-)
> 
> Seth
> 
> 
> 

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