Re: [Patents] The "as such" clause

[Carsten Svaneborg <zqex@mpipks-dresden.mpg.de>]

On Saturday 27 March 2004 05:12, Christian Beauprez wrote:
> To me this clause is saying that while inventions that include software are
> allowable, the patent application cannot extend patentability to the
> computer program itself.

I would basically agree. However the formulation raises the question of
what is "computer program itself" is it the source code, or the result of
running the program on a computer or what? etc.

To be more precise:

An innovation has a number of properties. (it's teaching)

A is the set of innovations that make use of software.

B is the subset of A, that have no properties beyond
those of software in general.

A-B innovations can be inventions. However, EPC 52.2+3 states
that B innovations does not constitute inventions.

If you read the commission directive art. 2, it states that
computer-implemented inventions are inventions that ...

So in the light of EPC you could interpret computer-implemented
inventions as the set A-B. However, in the light of EPOs current
practice, you would interpret CIO as being just A, because it's
"prima facie" assumed that computer-implemented innovations
consitute inventions.

see http://www.european-patent-office.org/tws/appendix6.pdf p.5.

-- 
  Mvh. Carsten