<color><param>0100,0100,0100</param>On 13 Sep 2000, at 8:55, Steve Bellovin wrote:
<color><param>7F00,0000,0000</param>> A final decision will be made in November.
</color>On November 20, 2000 up to November 29, a Diplomatic Conference of
the Mamber States of the European Patent Convention will be held in
Munich:
http://www.epo.co.at/epo/dipl_conf/index.htm
The "Basic Proposal" is available via:
http://www.epo.co.at/epo/dipl_conf/proposal.htm
The key point with regard to software & business methods patents is
the Revision of Art. 54 of the European Patent Convention which
currently reads:
http://www.european-patent-office.org/legal/epc/e/ar52.html
Article 52 - Patentable inventions
(1)* European patents shall be granted for any inventions which are
susceptible of industrial application, which are new and which
involve an inventive step.
(2) The following in particular shall not be regarded as inventions
within the meaning of paragraph 1:
(a) discoveries, scientific theories and mathematical methods;
(b) aesthetic creations;
(c) schemes, rules and methods for performing mental acts, playing
games or doing business, and programs for computers;
(d) presentations of information.
(3) The provisions of paragraph 2 shall exclude patentability of the
subject-matter or activities referred to in that provision only to
the extent to which a European patent application or European patent
relates to such subject-matter or activities as such.
(4)* Methods for treatment of the human or animal body by surgery or
therapy and diagnostic methods practised on the human or animal body
shall not be regarded as inventions which are susceptible of
industrial application within the meaning of paragraph 1. This
provision shall not apply to products, in particular substances or
compositions, for use in any of these methods.
The Basic Proposal discusses:
Article 52 Patentable inventions Patentable inventions
(1) European patents shall be granted (1) European patents shall be
granted for any inventions which are susceptible of industrial
application, which are new and which involve an inventive step for
any inventions in all fields of technology, provided that they are
new, involve an inventive step and are susceptible of industrial
application.
So, the Draft would mean that in particular Art. 52 Para. (2) lit. c)
EPC together with Art. 52 Para. 3 EPC prohibiting patenting of
programs for computers "as such" is to be replaced by a feature
according to which the invention must belong to any "field of
technology".
However, there is no real difference. If a programm running on a
particular computer causes some kind of physical side effect it was
considered by case law not to be a program "as such" and, moreover,
of technical nature.
In fact, a considerable number of crypto algorithms is covered by
patents granted by the European Patent Office; e.g. IDEA under Patent
Number EP 0,482,154 B1.
The only message seems to be that the EPC shall not be amended for
allowing pure "business method patents" not involving any IT
infrastructure.
Axel H Horns
Patentanwalt<color><param>0100,0100,0100</param>
