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The European search report is drawn up in respect of a European patent application on the basis of the claims, with due regard to the description and any drawings. [3] In addition, the extent of the protection conferred by a European patent or a European patent application is determined by the claims, with the description and drawings being ...
Like the other parts of the paragraph 2, computer programs are open to patenting to the extent that they provide a technical contribution to the prior art.In the case of computer programs and according to the case law of the Boards of Appeal, a technical contribution typically means a further technical effect that goes beyond the normal physical interaction between the program and the computer.
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 ...
On 20 February 2002, the European Commission initiated a proposal [1] for a directive to codify and "harmonise" the different EU national patent laws and cement the practice of the European Patent Office of granting patents for computer-implemented inventions provided they meet certain criteria (cf. software patents under the European Patent Convention).
This is a list of software patents, which contains notable patents and patent applications involving computer programs (also known as a software patent). Software patents cover a wide range of topics and there is therefore important debate about whether such subject-matter should be excluded from patent protection. [ 1 ]
The Patent Cooperation Treaty (PCT) is an international patent law treaty, which provides a unified procedure for filing patent applications. A patent application filed under the PCT is called an international application or a PCT application. The filing of an international application results in an international search performed by a patent ...
[2] [7] The copyrighted work might consist of the written description for an invention or the drawings or photographs contained in the patent. [7] Likewise, the Office may register a claim to copyright in articles, publications, or other non-patent literature that may be submitted with a patent application. [7]
As another example, a European patent application consists of "a request for the grant of a European patent, a description of the invention, one or more claims, any drawings referred to in the description or claims, and an abstract." [10] Rule 42 EPC specifies what the description of a European patent application should contain in more details.
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