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January 15, 2009

European Patent Office and Software Patents

The European Patent Office (EPO) has referred the issue of the patentability of software to its Enlarged Board of Appeal. The EPO is looking for guidance on uniform application of the European Patent Convention (EPC), a multilateral treaty which provides an autonomous legal system to govern the granting of European patents. According to EPO President Alison Brimelow, there is currently confusion about the patentability of software and inconsistencies in how EPC guidelines are interpreted in different countries.

Efforts to produce uniformity are to be applauded.  Just as important, however, is that the resulting uniform rules are the correct rules.  Such a result will not be achieved until the law comes to grips with the genie nature of computers.

Posted by BlogAuthor1 at January 15, 2009 6:30 PM
category: Software Patents

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