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BLOG@IP::JURPatent Attorney Axel H Horns' Blog on Intellectual Property Law.
Sunday, September 24, 2006On The Pool of Core Certitudes Of The Anti-Patent Campaigners.Mr. Matthew Broersma again recites on ZDnet a certain doctrine belonging to the pool of core certitudes of the anti-patent campaigners, and Zonk is eager to swiftly re-post it on Slashdot:"[...] "Patents on software are formally disallowed under the European patent system, but are routinely granted by the European patent office, according to critics. [...]"And the chorus of the crowd responds like that: "[...] The law is fixed. The law specifically disallows software patents. [...]"Come on, get real, and read this paper (folio 35ff., numbered pages 69ff.) of Mr. Arnoud Engelfriet on how the EPO today refuses inventions involving non-technical features. Although this paper focuses on patents on business methods it also makes clear what the state of the legal situation currently is with regard to examining applications for patents on computer-implemented inventions. Of course, certain classes of patents on computer-implemented inventions are allowable under the EPC, and the paper explains the mechanisms of proper EPC interpretation. Just to argue "The law specifically disallows software patents" is at least misleading if not merely representing a hilarious kind of dissenting opinion. The power to interpret the European Patent Convention (EPC) resides in a legitimate way with the Boards of Appeal of the European Patent Office. This Office including its Boards of Appeal has been properly created on the basis of this multilateral treaty duly signed on behalf of all of its Member States and also duly ratified by their respective Parliaments. Arguing that the entire Case Law of the Boards of Appeal is contrary to law is a negligible dissenting minory opinion, indeed. Technorati Tags: Patents
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