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- From: Erik Josefsson <ehj@cleosan.com>
- To: Jean-Marc Le Peuvédic <cocktails@freesurf.fr>
- Cc: patents@aful.org
- Subject: Re: [Patents] Re: [contacts] Re: proposition d'action eu ropéenn e : financement d'un cabinet de lobbyingprofe ssionnel
- Date: Thu, 16 Sep 2004 00:42:49 +0200
Jean-Marc Le Peuvédic wrote:
One of the easiest ways to reach a wrong interpretation is to wrongly
understand the word invention. For most of us, invention means
"patentable subject matter" (implies that it doesn't fall in one of the
categories excluded from patentable subject matter, like business
methods). For the EPO it only means that the claims have technical
characteristics, which is always, or can always be, the case since they
would even accept "pen and paper"-implemented inventions as far as
business methods are concerned.
Indeed this is said quite clearly in T 1173/97:
"programs for computers must be considered as patentable inventions when
they have a technical character."
"A "program as such" (excluded from patentability) would therefore in
fact be a non-technical program."
http://legal.european-patent-office.org/dg3/pdf/t971173ep1.pdf
//Erik
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