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Case law in Germany

Revision as of 08:39, 26 June 2010 by 212.160.130.217 (talk) (0.174418604651163)

Germany has software patent case law and is a signatory of the European Patent Convention.

1999: Digital Circuits

This important ruling introduced the test of "controllable natural forces".

This legal wording was used in the EU by the anti-swpat campaign in September 2003.

2006: Judge Mellulis' comments

The following are comments made by Judge Mellulis of Germany's Bundesgerichtshof at a Symposium of European Patent Judges in September 2006. They were quoted in the UK's 2008 ruling on Symbian v. Comptroller General.

"[his court] proceeds from the assumption that the prohibition on the patenting of software 'as such' means what the law says ... software is not patentable merely by virtue of being used in conjunction with a general-purpose computer"

Deprecating the reliance on the word "technical", he noted:

"when assessing software as such, the program's interdependence with the technical device makes the technical content hard to deny"

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2010, January

2010, April: MS FAT patent upheld

(see also: Microsoft's FAT patents)

2010, May: document generation patent upheld

(See: Xa ZB 20/08 (2010, April, Germany))

In May, a German court published this April 20th decision:

Which Florian Mueller says is a pretty clear endorsement of software patents:

2010, May: Microsoft Fat patent upheld

(See: X ZR 27/07 (2010, April, Germany))

In June, a German court published this April 22nd decision:

Related pages on ESP Wiki

External links

References