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Topic: Software patents under the European Patent Convention

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	Software patents under the European Patent Convention
		It is thus a mistake to think that software patents cannot exist in Europe.
		European patents shall be granted for any inventions which are susceptible of industrial application, which are new and which involve an inventive step.
		The scope of this list is reduced by article 52(3) which states that the provisions of paragraph 2 shall exclude patentability of the subject-matter or activities referred to therein only to the extent that an application or a patent relates to such subject-matter or activities as such.
	www.guajara.com /wiki/en/wikipedia/s/so/software_patents_under_the_european_patent_convention.html (653 words)

	NationMaster - Encyclopedia: Software patents under the Patent Cooperation Treaty (Site not responding. Last check: 2007-10-24)
		Software patents and patents on computer-implemented inventions are a class of patents and one of many legal aspects of computing.
		A patent is a set of exclusive rights granted by a state to a person for a fixed period of time in exchange for the regulated, public disclosure of certain details of a device, method, process or composition of matter (substance) (known as an invention) which is new, inventive, and useful or industrially applicable.
		Patent licensing agreements are effectively contracts in which the patent owner (the licensor) agrees not to sue the licensee for infringement of the licensor's patent rights.
	www.nationmaster.com /encyclopedia/Software-patents-under-the-Patent-Cooperation-Treaty (455 words)

	Software patents under the European Patent Convention - Definition, explanation
		Patents which qualify as software patents according to some definitions of the expression "software patent" have been granted by the European Patent Office (EPO) since the '80s.
		A European patent on a computer-implemented invention, like each and every European patent no matter what it relates to, may therefore be issued by the European Patent Office, but subsequently it may potentially be not upheld in a patent infringement lawsuit or a revocation proceeding before a national court.
		One motivation for the controversial draft EU Directive on the Patentability of Computer-Implemented Inventions is to establish common practice for the national courts; and which, in cases of doubt as to its interpretation, would create a requirement for national courts of last instance to seek a ruling from the European Court of Justice.
	www.calsky.com /lexikon/en/txt/s/so/software_patents_under_the_european_patent_convention.php (1113 words)

	sociology - Software patent
		The first software patent ever granted is probably a patent for a "computer having slow and quick access storage, when programmed to solve a linear programming problem by an iterative algorithm, the iterative algorithm being such that (...)" applied for in 1962 by British Petroleum Company ([2], see end of page 3).
		The court made patents generally easier to uphold by presuming patents were valid unless proved invalid and weakening the defence of nonobviousness.
		Additionally, under the so-called doctrine of equivalents and its analogues, a patent that on its face does not appear to require software can be infringed in certain circumstances if software is used as an equivalent of (that is, to substitute for) a non-software element, making even more difficult to draw the boundary.
	www.aboutsociology.com /sociology/Software_patent (1659 words)

	Software patents under U.S. patent law - Definition, explanation
		Diehr, the U.S. Supreme Court ordered the PTO to grant a patent on an invention, even though a substantial part of the invention consisted of a computer program which used well-known formulae for calculating the time when rubber was cured and the mold could be opened.
		Note, that although the U.S. Congress has never legislated specifically that software is patentable, the broad description of patentable subject in the Patent Act of 1952 and the failure of Congress to change the law after the court decisions allowing software patents, has been interpreted as an indication of Congressional intent.
		See Software patent debate for a discussion as to whether software should be subject to patents.
	www.calsky.com /lexikon/en/txt/s/so/software_patents_under_u_s__patent_law.php (447 words)

	ipedia.com: Software patents under the European Patent Convention Article (Site not responding. Last check: 2007-10-24)
		Even though the European Patent Convention and its Article 52 excludes the patentability of programs for computers as such, that does not mean that all inventions including some software are de jure n...
		Even though the European Patent Convention and its Article 52 excludes the patentability of programs for computers as such, that does not mean that all inventions including some software are de jure not patentable.
		Software patents have been granted by the European Patent Office (EPO) since the '80s.
	www.ipedia.com /software_patents_under_the_european_patent_convention.html (515 words)

	Software patents under the European Patent Convention (in Patents > Software patents @ iusmentis.com)
		Patents with such claims are sometimes regarded as software patents.
		A patent application must contain a description of the invention in such a way that the invention can be implemented and practiced by a person skilled in the art without undue effort.
		So, there could be a "networking module" that connects to a LAN, a "filtering module" that reads packets received on the LAN using the networking module and selects those matching a pattern, and a display module that prints the matching packets on the screen, or in a log file, in a human-readable form.
	www.iusmentis.com /patents/software/epc (1463 words)

	Software Patents: A sustainable patent system?
		The patent industry's view of the future is that patents represent property that can be bought and sold, and that the expansion of patentability in as many directions as possible will increase the size and wealth of the parent market, and thus the wealth of nations.
		The patent office is either a for-profit business (in which case the rules of the market should apply, with free competition and appropriate regulation) or it's an administrative office (in which case it must become economically neutral, and stop lobbying).
		A patent examiner at the EPO certifies, when issuing his intention to grant, that, to the best of his knowledge, the patent being granted conforms to the requisites of the EPC.
	www.digitalmajority.org /forum/t-2114/a-sustainable-patent-system (6309 words)

	Articles - Patent (Site not responding. Last check: 2007-10-24)
		A patent is a set of exclusive rights granted by a state to a person for a fixed period of time in exchange for the regulated, public disclosure of certain details of a device, method, process or composition of matter (substance) (known as an invention) which is new, inventive, and useful or industrially applicable.
		Patent licensing agreements are effectively contracts in which the patent owner (the licensor) agrees not to sue the licensee for infringement of the licensor's patent rights.
		The first patent law was a Venetian Statute of 1474 in which the Republic of Venice issued a decree by which new and inventive devices, once they had been put into practice, had to be communicated to the Republic in order to obtain legal protection against potential infringers.
	www.mildhome.com /articles/Patent (4343 words)

	Background Information - FFII
		The European Patent Litigation Agreement, in combination with the London protocol, would achieve most of the effect of the Community Patent, but would be passed without any parliamentary involvement.
		For firms that seek patents (and broadly, this means either very large firms, or very specialised patent firms), the current situation is a clear barrier to wider application of their patents.
		A single European Patent Court could reject the abusive teachings of the EPO such as the notion of a "further technical effect" or the circumvention of Art 52(2) EPC by the "as such" provision in Art 52(3).
	consultation.ffii.org /Background_Information (1388 words)

	Software patents under United States patent law Summary
		The courts ruled on the extent and types of protection for copyrighted software in a series of cases that occurred in the 1980s and 1990s.
		This article relates to the patentability of software and computer programs, or in other words software patents, under United States patent law.
		Therefore, a computing device on which is loaded a mathematical algorithm is a "new machine", which is patentable under traditional patent law.
	www.bookrags.com /Software_patents_under_United_States_patent_law (1901 words)

	EPLA
		Since the 'failure' of the 2005 software patent directive, the patent industry has been lobbying hard for a new way to introduce software patents.
		The result: the introduction of wide-ranging service patents, the removal of all barriers to patentability, and a generation of poor patents that are now blocking research and innovation in many areas, including 250,000 software patents.
		Impose its own interpretation of the European Patent Convention by appointing judges who would enforce the EPO's practice of interpreting article 52 of the EPC to mean software and business methods are fully patentable.
	epla.ffii.org (801 words)

	Petition
		Its goal is to warn European Authorities against the dangers of software patents.
		I am concerned by current plans to legalise software patents in Europe, considering their damaging effect on innovation and competition.
		I am concerned by the current track record of abuses from the European Patent Office, especially by their tendency to abuse their judicial power to extend the scope of patentability.
	petition.eurolinux.org (799 words)

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