DWW: EPO Enlarged Board of Appeal to Clarify Software Patentability
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Started by: zoobabzoobab
Date: 31 Jan 2009 15:56
Number of posts: 1
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Summary:
The President of the European Patent Office (EPO) has referred several questions of law to the EPO’s Enlarged Board of Appeal (EBoA) in an attempt to clarify the patentability of software-based inventions. The European Patent Convention excludes software "as such" from patentability, but EPO Technical Boards of Appeal (TBAs) have often allowed patents for inventions where the inventive step is entirely performed by software, as long as the invention has “technical character”. However, there have been inconsistent interpretations of what this means. For example, in one case, a TBA found that executing software on a general-purpose computer or storing it in a computer-readable memory was sufficient to confer technical character.
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