Re: [Patents] The "as such" clause

[Hartmut Pilch <phm@a2e.de>]

> > 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.

This is an artificial wordplay often used to obscure matters.

In the patent context, a computer program is an entity described by a
program claim.  If your "invention" can be described by a program claim
and there is no invention (nothing novel) outside of the scope thus
described, then your patent application relates to a program as such,
regardless of how you claim it.

See Examination Guidelines of 1978 which make this very clear.