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.
Les mer
Introduction; 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.
Les mer
This text advocates revisions to the existing system for patenting software in Europe.

Produktdetaljer

ISBN
9780521329620
Publisert
2011-06-30
Utgiver
Vendor
Cambridge University Press
Vekt
290 gr
Høyde
229 mm
Bredde
152 mm
Dybde
11 mm
Aldersnivå
P, 06
Språk
Product language
Engelsk
Format
Product format
Heftet
Antall sider
214

Forfatter