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\def\WIPO{World Intellectual Property Organisation}
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Software and patents in Europe / Philip Leith.
2007
G 272 LEI.S
Available at WIPO Library
Items
Details
Title
Software and patents in Europe / Philip Leith.
Description
viii, 203 pages : illustrations ; [28] cm.
ISBN
9780521868396
0521868394 hardback
0511366361
9780511366369
0511495269
9780511495267
0521329620
9780521329620
9780511366994 electronic book
9780511367588 electronic book
0521868394 hardback
0511366361
9780511366369
0511495269
9780511495267
0521329620
9780521329620
9780511366994 electronic book
9780511367588 electronic book
Alternate Call Number
G 272 LEI.S
Summary
"The computer program exclusion from Article 52 of the European Patent Convention (EPC) proved impossible to uphold as industry moved over to digital technology, and the Boards of Appeal of the European Patent Organisation (EPO) felt emboldened to circumvent the EPC in Vicom by creating the legal fiction of 'technical effect'. This 'engineer's solution' emphasised that protection should be available for a device, a situation which has led to software and business methods being protected throughout Europe when the form of application, rather than the substance, is acceptable. Since the Article 52 exclusion has effectively vanished, it is timely to reconsider what makes examination of software invention difficult and what leads to such energetic opposition to protecting inventive activity in the software field, Leith advocates a more programming-centre approach, which recognises that software examination requires different strategies from that of other technical fields."--Jacket.
Bibliography, etc. Note
Includes bibliographical references and index.
Formatted Contents Note
1. Software as machine, 2. Software as software, 3. Policy arguments, 4. Software patent examination, 5. Holding the line : algorithms, business methods and other computing ogres, 6. The third way : between patent and copyright? 7. Conclusion : dealing with and harmonising "radical" technologies.
Series
Cambridge intellectual property and information law.
Published
Cambridge, UK : Cambridge University Press, [2007]
Language
English
Record Appears in
Review
"The computer program exclusion from Article 52 of the European Patent Convention (EPC) proved impossible to uphold as industry moved over to digital technology, and the Boards of Appeal of the European Patent Organisation (EPO) felt emboldened to circumvent the EPC in Vicom by creating the legal fiction of 'technical effect'. This 'engineer's solution' emphasised that protection should be available for a device, a situation which has led to software and business methods being protected throughout Europe when the form of application, rather than the substance, is acceptable. Since the Article 52 exclusion has effectively vanished, it is timely to reconsider what makes examination of software invention difficult and what leads to such energetic opposition to protecting inventive activity in the software field, Leith advocates a more programming-centre approach, which recognises that software examination requires different strategies from that of other technical fields."--Jacket.