ComputerworldUK: Patent Differences: Canonical vs. Microsoft
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Started by: zoobabzoobab
Date: 11 May 2009 22:42
Number of posts: 1
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Summary:
Source: Article 52(2) [of the European Patent Convention] clearly states that software methods are not inventions and do not attract the coverage of patent protection, however, the EPO has become increasingly focused on the analysis of the use of the words “as such” and whether this in fact should imply that there is some inclusion of computer programs in the patent regime. The phrase “as such” does not have any special meaning in law. It is our view that this is an attempt to analyse working with a view to achieving software patentability despite the clear intention of the legislation. Article 52 clearly states that computer programs “shall not be regarded as inventions”.
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