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

[Rui Miguel Seabra <rms@1407.org>]

On Thu, 2003-10-23 at 01:36, Jean-Baptiste Soufron wrote:
> It means that, even if a program for computer cannot not be patented as
> such, an invention involving a software can still be patented.

The current directive proposal allows patents that involve software to
be patented. However, the software part is not patentable, just as the
Art. 52.2 of the EPC says, but only (in a probably oversimplified form)
those new technical contributions involving an inventive step that are
capable of industrial application.

After that, 'industrial' and 'technical' have been defined as:



1.3. Article 2: Definitions
(...)

2ba. "technical field" means an industrial application domain requiring
the use of controllable forces of nature to achieve predictable results.
"Technical" means "belonging to a technical field".

2bb. "industry" in the sense of patent law means "automated production
of material goods";

So everything seems fine, like this.


Rui

-- 
+ No matter how much you do, you never do enough -- unknown
+ Whatever you do will be insignificant,
| but it is very important that you do it -- Gandhi
+ So let's do it...?

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