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

[Jean-Baptiste Soufron <jbsoufron@free.fr>]

On Wed, 22 Oct 2003 20:04:00 -0400
Seth Johnson <seth.johnson@RealMeasures.dyndns.org> wrote:

> 
> Jean-Baptiste Soufron wrote:
> > 
> > > The text means something. Only comprehension impaired people need
> > > an interpretation.
> > 
> > Even a simple text can have many different interprations.
> 
> 
> 
> They introduced the phrase "as such" because they wanted to say that
> software was different and could not be covered by patents.

They introduced the words "as such" in part 3 of the article which
refers not only to software but also to business methods, etc. The words
"as such" used in part 3 simply means that the items described in part 2
can't be patented when they are alone but that it is still possible to
patent an invention that would make some use of them. 

-> 3. The provisions of paragraph 2 of this Article shall exclude
patentability of the subject matter or activities referred to in that
provision only to the extent to which a patent application or patent
relates to such subject matter or activities as such (3. Les
dispositions du 2 du présent article n'excluent la brevetabilité des élé
ments énumérés auxdites dispositions que dans la mesure où la demande de
brevet ou le brevet ne concerne que l'un de ces éléments considéré en
tant que tel).