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Software and Patents in Europe (Paperback)
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Software and Patents in Europe (Paperback)
Series: Cambridge Intellectual Property and Information Law
Expected to ship within 12 - 17 working days
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The computer program exclusion from Article 52 of the European
Patent Convention (EPC) proved impossible to uphold as industry
moved over to digital technology, and the Boards of Appeal of the
European Patent Organisation (EPO) felt emboldened to circumvent
the EPC in Vicom by creating the legal fiction of 'technical
effect'. This 'engineer's solution' emphasised that protection
should be available for a device, a situation which has led to
software and business methods being protected throughout Europe
when the form of application, rather than the substance, is
acceptable. Since the Article 52 exclusion has effectively
vanished, this 2007 text examines what makes examination of
software invention difficult and what leads to such energetic
opposition to protecting inventive activity in the software field.
Leith advocates a more programming-centric approach, which
recognises that software examination requires different strategies
from that of other technical fields.
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