Is the patentability of computer programs (software) and computer-related inventions in European jurisdictions signatory of the European Patent Convention materially different from the US?
2014/// Filed in: Patent Law
The status of computer programs (software) as patentable subject matter is one of the most controversial legal, policy, and socio-economy debates of the 21st century.
While there is clarity with regards to patent eligibility of Industrial Age (e.g., machine, article of manufacture, composition of matter) technology, there is uncertainty with regards to Information Age (e.g., smart embedded systems using programmed processors) technology that rely on software.
Given the complexity of the legal, policy, and economic issues involved, the patent offices and judicial bodies on both sides of the atlantic have struggled to formulate a clear test for determining whether and under what circumstances computer-related inventions (software) should be patent-eligible subject matter or be excluded. It is commonly believed (by inventors, business, and patent professionals) that there are significant differences between the patent eligibility for computer programs among the US and European jurisdictions from EPC signatory countries. Is this true or perhaps just a myth?
The enclosed presentation (link on link below) presents a brief and “first approximation” attempt to address this question.
140327-LLBPresentation
While there is clarity with regards to patent eligibility of Industrial Age (e.g., machine, article of manufacture, composition of matter) technology, there is uncertainty with regards to Information Age (e.g., smart embedded systems using programmed processors) technology that rely on software.
Given the complexity of the legal, policy, and economic issues involved, the patent offices and judicial bodies on both sides of the atlantic have struggled to formulate a clear test for determining whether and under what circumstances computer-related inventions (software) should be patent-eligible subject matter or be excluded. It is commonly believed (by inventors, business, and patent professionals) that there are significant differences between the patent eligibility for computer programs among the US and European jurisdictions from EPC signatory countries. Is this true or perhaps just a myth?
The enclosed presentation (link on link below) presents a brief and “first approximation” attempt to address this question.
140327-LLBPresentation