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The European Patent Convention (EPC), Article 52, paragraph 2, excludes from patentability, in particular discoveries, scientific theories and mathematical methods; aesthetic creations; schemes, rules and methods for performing mental acts, playing games or doing business, and programs for computers; [emphasis added] presentations of information.
This list provides a guide to decisions of the Boards of Appeal of the European Patent Office (EPO) relating to Article 52(2) and (3) EPC. These decisions touch the issue of patentable subject-matter under the European Patent Convention (EPC). The accompanying notes offer an explanation as to the content of the decision.
The European Patent Convention is "a special agreement within the meaning of Article 19 of the Convention for the Protection of Industrial Property, signed in Paris on 20 March 1883 and last revised on 14 July 1967, and a regional patent treaty within the meaning of Article 45, paragraph 1, of the Patent Cooperation Treaty of 19 June 1970."
The European Patent Convention (EPC) is a multilateral treaty instituting the legal system according to which European patents are granted. Its version applicable before December 13, 2007 contained a provision, namely Article 52(4) EPC 1973, [notes 2] reading as follows:
As the directive was rejected, pre-existing law has remained in place, and computer-implemented inventions are currently governed by Article 52 of European Patent Convention. Article 52 prohibits certain patents, including patents on programs for computers, but only as such. It is often interpreted by European Patent Office as well as by courts ...
T 258/03, also known as Auction Method/Hitachi, is a decision of a Technical Board of Appeal of the European Patent Office (EPO), issued on April 21, 2004. It is a landmark decision for interpreting Article 52(1) and (2) of the European Patent Convention (EPC) which built on the principles suggested by the same Board in T 641/00 (Comvik, Two identities).
There is a legal basis in the European Patent Convention (EPC) for refusing a European patent application on the ground of double patenting. More precisely: "A European patent application can be refused under Articles 97(2) and 125 EPC if it claims the same subject-matter as a European patent which has been granted to the same applicant and ...
Under the European Patent Convention (EPC), and in particular its Article 52, [56] "programs for computers" are not regarded as inventions for the purpose of granting European patents, [57] but this exclusion from patentability only applies to the extent to which a European patent application or European patent relates to a computer program as ...