Software and Patents in Europe by Philip LeithSoftware and Patents in Europe by Philip Leith

Software and Patents in Europe

byPhilip Leith

Paperback | June 30, 2011

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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 2007 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:Software and Patents in EuropeFormat:PaperbackProduct dimensions:214 pages, 9.02 × 5.98 × 0.43 inShipping dimensions:9.02 × 5.98 × 0.43 inPublished:June 30, 2011Publisher:Cambridge University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0521329620

ISBN - 13:9780521329620


Table of Contents

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.