Difference between revisions of "European Patent Office grants software patents"
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(This article lists examples of software patents granted by the European Patent Office (EPO) in spite of their repeated public claims of not granting software patents. You will also find links) |
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| − | [[ | + | This article lists examples of [[software patents]] granted by the [[European Patent Office]] (EPO) in spite of their repeated public claims of not granting software patents. You will also find links on this page to other collections of examples. |
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==The EPO's public denial== | ==The EPO's public denial== | ||
| − | Here's an example of a public | + | Here's an example of a public statement from the EPO. This is from 2009: |
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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> | ''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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== References == | == References == | ||
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Revision as of 06:04, 27 September 2012
This article lists examples of software patents granted by the European Patent Office (EPO) in spite of their repeated public claims of not granting software patents. You will also find links on this page to other collections of examples.
Contents
The EPO's public denial
Here's an example of a public statement 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)
References
- ↑ http://www.epo.org/topics/issues/computer-implemented-inventions/software.html (see page 12 of the linked PDF document)
