As in the previous decision, also this decision is rather bad news for software developers who intend to protect their creations with software patents. Some key takeaway messages: Neither modelling nor programming is, by itself, a technical undertaking Modifications to a programming language that enable the programmer to develop a program with greater ease, speed… Read More
Why not take a minute and visit my little Youtube channel with even more practical tips on how to navigate the world of European software patents?
As every year, I’ve used the Christmas holidays to update my contribution to Software Patents Worldwide. It’s a comprehensive loose-leaf collection published by Kluwer Law International and provides expert insights and how-to guidance on drafting software patent claims in the world’s key markets. I’ve been co-authoring the chapter on software patents in Germany for four years now. The… Read More
Whether a particular feature of a software invention is technical (=patentable) or not (=not patentable) really hinges on the individual case. Here’s a list of EPO case law that has clarified this question for some software-related features.
This is an interesting decision for programmers, since the EPO Board of Appeal 3.5.06 had to decide whether the reduction of the execution time of a computer-implemented method is a technical effect and thus potentially patentable. The board’s answer in a nutshell: The improved speed of a computer program is not by itself a technical… Read More
Talking about software patent eligibility, allow me a quick rant about the flaws of the infamous “abstract idea” test: Honestly, I believe the Mayo/Alice two-step test causes much more harm than good: What kinds of ideas are too “abstract” for a patent? Doesn’t every invention start with an idea? Who can tell the difference between… Read More
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