Software and Patents in Europe
By (author) Philip Leith
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Software and Patents in Europe by Philip Leith
Book DescriptionThe 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.
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Book DetailsISBN: 9780521868396
(228mm x 152mm x 16mm)
Imprint: Cambridge University Press
Publisher: Cambridge University Press
Publish Date: 18-Oct-2007
Country of Publication: United Kingdom
Books By Author Philip Leith
Software and Patents in Europe, Paperback (June 2011)» View all books by Philip Leith
This text advocates revisions to the existing system for patenting software in Europe.
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Author Biography - Philip Leith
Philip Leith is Professor of Law at The Queen's University of Belfast.
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