Software and patents in Europe / Philip Leith.

Cambridge : Cambridge University Press, 2007.

1 online resource (viii, 203 pages) : digital, PDF file(s).

Cambridge intellectual property and information law ; 9.

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, this text examines 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-centric approach, which recognises that software examination requires different strategies from that of other technical fields.

Title from publisher's bibliographic system (viewed on 05 Oct 2015).

WWW

Print version:

Cambridge Core.

English

9780511495267 ebook
9780521868396 (hardback)
9780521329620 (paperback)

Monographs & Serials
Electronic Resources