Difference between revisions of "European Patent Office grants software patents"
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[[Category:Europe]] | [[Category:Europe]] | ||
{{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. | {{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== | ==The EPO's public denial== | ||
Here's an example of a public statment from the EPO. This is from 2009: | Here's an example of a public statment from the EPO. This is from 2009: | ||
− | + | <blockquote> | |
− | ''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. | + | ''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> |
− | + | </blockquote> | |
==Examples of granted software patents== | ==Examples of granted software patents== | ||
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* EP769170 - trapping viruses[http://eupat.ffii.org/patents/samples/ep769170/index.en.html] | * EP769170 - trapping viruses[http://eupat.ffii.org/patents/samples/ep769170/index.en.html] | ||
* EP803105 and EP738446 - selling things online | * EP803105 and EP738446 - selling things online | ||
− | * [http://v3.espacenet.com/publicationDetails/biblio?CC=EP& | + | * [http://v3.espacenet.com/publicationDetails/biblio?CC=EP&NR=618540&KC=&FT=E EP0618540] - the long filenames patent from [[Microsoft's FAT patents]] |
==Related pages on {{SITENAME}}== | ==Related pages on {{SITENAME}}== |
Revision as of 07:45, 24 November 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.
Contents
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:
- EP249293 - pop-out-context-menu, , granted to Philips
- EP769170 - trapping viruses[1]
- EP803105 and EP738446 - selling things online
- EP0618540 - the long filenames patent from Microsoft's FAT patents
Related pages on ESP Wiki
- Computer-implemented inventions
- European Patent Convention
- The Patented Webshop
- UPLS - a proposal from the European Commission which would create a centralised patent court that would probably uphold the EPO's software patents
- Do software patents exist in my area?
- Software patents exist in Europe, mostly
- EPO EBA referral G3-08 - EPO's internal review of software patents, reached no conclusion:
External links
- Examples of granted European business method patents, 2004, by Arnoud Engelfriet (see: Business method patents)
- ↑ http://www.epo.org/topics/issues/computer-implemented-inventions/software.html (see page 12 of the linked PDF document)