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Difference between revisions of "European Patent Office grants software patents"

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[[Category:Europe]]
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{{navbox}}The [[European Patent Office]] (EPO) grants thousands of [[software patents]] every year, but denies granting any.  This page lists some software patents they've granted.
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==The EPO's public denial==
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Here's an example of a public statment from the EPO. This is from 2009:
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<blockquote>
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''The EPO does not grant "software patents". The term itself is a misleading concept. Under the EPC a computer program claimed as such is not a patentable invention (Art. 52(2)(c) and (3) EPC). Inventions involving computer programs that implement business, mathematical or similar methods and do not produce technical effects (e. g. because they solve a business problem rather than a technical one) are not patentable, and no patents will be granted for such inventions in Europe.<ref>http://www.epo.org/topics/issues/computer-implemented-inventions/software.html (see page 12 of the linked PDF document)</ref>
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</blockquote>
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==Examples of granted software patents==
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The following are chosen among many for being as obviously ''software'' as possible:
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* EP249293 - pop-out-context-menu, , granted to [[Philips]]
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* EP769170 - trapping viruses[http://eupat.ffii.org/patents/samples/ep769170/index.en.html]
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* EP803105 and EP738446 - selling things online
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* [http://v3.espacenet.com/publicationDetails/biblio?CC=EP&NR=618540&KC=&FT=E EP0618540] - the long filenames patent from [[Microsoft's FAT patents]]
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==Related pages on {{SITENAME}}==
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* [[Computer-implemented inventions]]
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* [[European Patent Convention]]
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* [[The Patented Webshop]]
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* [[UPLS]] - a proposal from the [[European Commission]] which would create a centralised patent court that would probably uphold the EPO's software patents
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* [[Do software patents exist in my area]]?
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* [[Software patents exist in Europe, mostly]]
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* [[EPO EBA referral G3-08]] - EPO's internal review of software patents, reached no conclusion:
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** [http://news.swpat.org/2010/05/epo-patents-review-inadmissible/ EPO rules own software patents review inadmissible]
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==External links==
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* [http://www.iusmentis.com/patents/businessmethods/epoexamples/ Examples of granted European business method patents], 2004, by Arnoud Engelfriet (see: [[Business method patents]])
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{{page footer}}

Revision as of 20:35, 24 July 2010

The European Patent Office (EPO) grants thousands of software patents every year, but denies granting any. This page lists some software patents they've granted.

The EPO's public denial

Here's an example of a public statment from the EPO. This is from 2009:

The EPO does not grant "software patents". The term itself is a misleading concept. Under the EPC a computer program claimed as such is not a patentable invention (Art. 52(2)(c) and (3) EPC). Inventions involving computer programs that implement business, mathematical or similar methods and do not produce technical effects (e. g. because they solve a business problem rather than a technical one) are not patentable, and no patents will be granted for such inventions in Europe.[1]

Examples of granted software patents

The following are chosen among many for being as obviously software as possible:

Related pages on ESP Wiki

External links


  1. ↑ http://www.epo.org/topics/issues/computer-implemented-inventions/software.html (see page 12 of the linked PDF document)
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