modification on the current staus part

svn path=/branches/test/; revision=28951
This commit is contained in:
puster 2014-08-12 14:16:18 +00:00
parent 73a3efc1ab
commit 661bb4a0b4
1 changed files with 1 additions and 1 deletions

View File

@ -92,7 +92,7 @@
This means that according to the EPC "programs for computers" shall not be regarded as inventions and therefore are not patentable.
At the same time the EU is part of the TRIP agreement where is stated that <i> <a href="http://www.wto.org/english/tratop_e/trips_e/t_agm3c_e.htm#5">patents shall be available for any inventions, whether products or processes, in all fields of technology</a>. </i>
This two partly contradictory provisions creates a dilemma and legal uncertenty, the task of interpreting and clearing up this gray area is of the EPO's Technical Board of Appeal (TBA). The undertaken approach is to grant software patents by declaring them as Computer Implemented Inventions (CII). The subsequent question that arises is how to distinguish a patentable CII from a non-patentable computer progam "as such".
One of the erliest TBA undertaken approaches goes under the name of <a href="http://www.epo.org/law-practice/case-law-appeals/recent/t840208ep1.html">“technical effect” or "technical contribution"</a>: according to this approach a mathematical method is not a mathematical method “as such” if a technical result is achieved. The technical result can be a change in the digital image. In fact it has been argued that a mathematical method “as such” would have achieved only a result in numerical form.
One of the erliest TBA undertaken approaches goes under the name of <a href="http://www.epo.org/law-practice/case-law-appeals/recent/t840208ep1.html"> "technical effect" or "technical contribution"</a>: according to this approach a mathematical method is not a mathematical method “as such” if a technical result is achieved. The technical result can be a change in the digital image. In fact it has been argued that a mathematical method "as such" would have achieved only a result in numerical form.
The current TBA approach it goes under the name of "any harware approach": making the long story short it entails that whether a software patent claim that involves the use of or is a piece of physical hardware, it fall outside the prohibition of patenting software "as such". Some case law follwing this line of thinking was decided in: <a href="http://www.epo.org/law-practice/case-law-appeals/recent/t030258ep1.html">T 258/03</a> - Auction method/Hitachi and <a href="http://www.epo.org/law-practice/case-law-appeals/recent/t030424eu1.html">T 0424/03</a> (Clipboard formats I/MICROSOFT). </p>
<p>In the US our sister organisation is working to <a