> Software patents are not legal in Europe. Period. The European
> patent convention from 1972 explicitly excludes software from
> patentability. Attempts to pass legislation that would have
> allowed software to become patentable have failed. The worst
> thing we could do now is give in to the patent scare tactic and
> stop developing and distributing software that might infringe
> patents that might have some validity.
Ditto, for Brasil. Software patents are explicitly excluded in our
Industrial Property (= Patents + Trademarks) Act (Law 9279/96),
section 10, V: "
10. It shall not be considered invention or utility model:
I - discoveries, scientific theories and mathematical methods;
II - purely abstract conceptions;
III - schemes, plans, principles or methods of commerce,
accounting, finance, education, advertising, lottery or
fiscalization;
IV - literary, architetonic, artistic, scientific works or any
aesthetical creation;
V - computer programs by themselves;
VI - information presentation;
VII - game rules;
VIII - surgical techniques or methods, as well as therapeutic or
diagnosis methods for application both in human or animal
bodies;
IX - all or part of natural living beings and biological
materials found in nature, even if in isolation, including the
genome and germoplasma of any natural living being and
biological natural processes.
"
Obviously, only inventions (or utility models) can be patented.
--
HTH,
Massa
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