Computer-implemented Inventions - the Evolution of Case Law of Boards of Appeals of the European Patent Office
[w:] Recent Developments in IP Law. Zeszyty Naukowe Uniwersytetu Jagiellońskiego. Prace Instytutu Prawa Własności Intelektualnej, red. Andrzej Matlak, zeszyt 99, Wydawnictwo: Wolters Kluwer Polska - OFICYNA, Kraków 2008

"(...) There was a time when granting a patent protection for software-related inventions was hard to imagine, but it is long forgotten. Although computer programs 'as such' are excluded from patentability on the basis of Article 52 (2) and (3) of the European Patent Convention, in the European Patent Office (EPO) there is a visible move towards expanding patent protection over solutions, which involve software or business methods (and those solutions involving business methods also involve software). That move is followed by dynamic discussion on the extent of patentability of such software-related inventions. That particular category of inventions plays a substantial role in today's economy, and it affects our day-to-day activities (even if we are not aware of it). Therefore, notwithstanding the collapse of European legislative initiative (the proposal for the Directive on the patentability of computer-implemented inventions) in 2005, the issue of legal situation of CII remains worth our attention. (...)"

"(...) The Article describes the case law of EPO's Boards of Appeals and its evolution over the years. And that evolution is overwhelming as today even while playing computer games we may use patented software. (...)"

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