EPO EBoA referral G3-08

Breaking news: EPO rules own software patents review inadmissible

In October 2008, the president of the European Patent Office referred question "G3/08" - also called the Brimelow referral - to the EPO's Enlarged Board of Appeals. The purpose was to ask for clarifications for interpreting the exclusion of "programs for computers" from patentability under Article 52 of the European Patent Convention. As part of the referral process, a public consultation was held which ended on April 30th 2009.

You can see the submitted briefs here: Briefs submitted to EPO EBA G3-08.

For the previous discussions on how best to reply to the public consultation (now closed), see EPO G3-08 brainstorming.

Questions of partiality

One amicus brief questioned the partiality of the board, but the EPO disagreed and decided not to change the composition of the board.

External links

epo.org links

• The October 2008 announcement
• The October 2008 announcement (alternative link)
• G3/08, the referral itself
• The pending queue of referrals, where this one was found

After receiving the responses to the consultation, the EPO published information to repeat its claim that it doesn't grant software patents:

• epo.org topic: Patentability of computer programs
• epo.org brochure "Patents for software?"

Third-party articles

• Enlarged Board Of Appeal at EPO: Can Impartiality of Member Be Challenged By Amicus Curiae Brief?

Reactions to the May 2010 decision

• EPO rules own software patents review inadmissible, ESP
• EPO EBoA Opinion in re G 03/08 (Patentability Of Computer-Implemented Inventions), IP::JUR
• EBoA confirms EPO approach to computer programs, EPO
• G 3/08 (Software Patents) decision is out - Tufty the Cat vindicated