Software Patents Re: MP3 decoders' non-freeness
On Tue, 6 Aug 2002, Arnoud Galactus Engelfriet wrote:
> Alexandre Dulaunoy wrote:
> > Software Patent is legal in some countries (like US and Japan) and
> > is illegal in Europe (in the article 52 of the Munich Convention). If you
> > care about Software Patents, you should take this point into consideration.
>
> You should also take into consideration that the ultimate interpretation
> of article 52(2) and in particular its limitation given in 52(3) is
> something for the national European courts. And it is not at all
> clear whether all national European courts will follow this interpretation
> of the EPC.
>
> In other words, even though you think that 52(2) and (3) can only
> be explained one way, do not be surprised if national courts decide
> otherwise. IIRC the UK courts routinely accept software-related
> patents, and even the Germans often have no problems with this.
>
Ok. Please explain me how you can make Software Patents valid
with the provision 52(3) ? As you can see 52(c) clearly exclude programs
for computers and the 52(a) excludes also the mathematical methods. I
won't talk about the (b) but it's a also a possibility for Software
Creation.
The provision 52(3) is only for combination. Like you can get a
patent on an additional systems (like hardware/software combination,...)
that are using method from #2. I don't really how you can allow Software
Patents from that ? Could you explain (without the magical and
wonderful "technical effect" of EPO ;-) ?
Thanks a lot.
Have a nice day.
adulau
The article 52 from the Munich Convention :
Article 52 * - Patentable inventions
(1) European patents shall be granted for any inventions which are
susceptible of industrial application, which are new and which involve an
inventive step.
(2) The following in particular shall not be regarded as inventions within
the meaning of paragraph 1:
(a) discoveries, scientific theories and mathematical methods;
(b) aesthetic creations;
(c) schemes, rules and methods for performing mental acts, playing games
or doing business, and programs for computers;
(d) presentations of information.
(3) The provisions of paragraph 2 shall exclude patentability of the
subject-matter or activities referred to in that provision only to the
extent to which a European patent application or European patent relates
to such subject-matter or activities as such.
(4) Methods for treatment of the human or animal body by surgery or
therapy and diagnostic methods practised on the human or animal body shall
not be regarded as inventions which are susceptible of industrial
application within the meaning of paragraph 1. This provision shall not
apply to products, in particular substances or compositions, for use in
any of these methods.
--
Alexandre Dulaunoy http://www.foo.be/
AD993-RIPE http://www.ael.be/
"People who fight may lose. People who do not fight have already lost."
- Bertolt Brecht
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