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The Assessment of the Technicality of Computer-Implemented Inventions in Europe

Matthieu Dhenne
2018 Social Science Research Network  
It was considered that the claimed invention engendered a technical effect consisting in the modification of the internal functioning of the computer that produced the implementation of the program.  ...  The claims related both to the computer system and to the method that it implemented.  ... 
doi:10.2139/ssrn.3415552 fatcat:7foy4acymnf5tcnfrgupb2ki4y

Computer-Implemented Inventions and Computer Programs – Status Quo in Slovenia and EU

Urška Fric, Nina Tomić Starc
2021 Informatica (Ljubljana, Tiskana izd.)  
In Slovenia, there is no legal basis for computer-implemented inventions, and in the European Union (EU) such inventions are not yet clearly defined.  ...  It starts by presenting examples of computer-implemented inventions, followed by an overview of the state of playthe status quo concerning legal protection in Slovenia and the EU.  ...  The operation is implemented under the Operational Program for the Implementation of European Cohesion Policy for the period 2014-2020, priority axis 1 Strengthening research, technological development  ... 
doi:10.31449/inf.v45i5.3468 fatcat:as7bo56anzbwxm4r7a3vdgal5e

Focus on the patentability of computer programs

Bernard Perbal
2014 Journal of cell communication and signaling  
As a matter of fact, to assist us in analyzing the potential involvement of CCN3 in human genetic diseases, we considered developing a computer program designed to analyze large amounts of data.  ...  This article provides a short focus on computer program patentability. It is aimed to provide basic legal information, and to help our readers in understanding the process.  ...  After reconsidering the concept of « technical nature » that an invention must meet to be patentable, the proposal stated that in Europe, "computer-implemented inventions may be considered as patentable  ... 
doi:10.1007/s12079-014-0223-0 pmid:24449037 pmcid:PMC3972398 fatcat:o4zq6himpjekxoeseywducteoe

Software Patents and Open Source Models in Europe: Does the FOSS community need to worry about current attitudes at the EPO?

Noam Shemtov
2010 International Free and Open Source Software Law Review  
A shift in focus of assessment of patentability of 'computer implemented inventions': Art. 56 As we have seen, computer implemented inventions find it relatively straightforward to pass the patentability  ...  However, a number of helpful observations can be made in the context of computer implemented inventions.  ... 
doi:10.5033/ifosslr.v2i2.43 fatcat:xaakgqned5fcrg4seh7boo4kbm

Alice and 'something more': the drift towards European patent jurisprudence

Siva Thambisetty
2016 Journal of Law and the Biosciences  
Additionally, while computer programs are exceptions to inventions, a 'computer-implemented method' is not 10 and is examined distinct from the computer program corresponding to that method.  ...  because it is a mix of technical and non-technical features, 9 the claim will be examined as a 'computer-implemented invention'.  ... 
doi:10.1093/jlb/lsw038 pmid:28852549 pmcid:PMC5570703 fatcat:bpkha4hltzewfn2znd567trssa

Patentability of mathematical modelling and simulation methods

Sami Holopainen, Olli-Pekka Piirilä, Antti Salmela
2019 Rakenteiden Mekaniikka  
We describe the changes in patentability criteria in Europe and in the USA, and illustrate the development of patenting activity in this field during the last decade.  ...  In this study, changes in the patentability of simulation methods are compared with the rapid development of computational science since 1970s.  ...  In Europe, they are considered "non-technical", and in the USA, "abstract ideas". Simulation methods typically deviate from pure mathematics by computer implementation and by motivation.  ... 
doi:10.23998/rm.76251 fatcat:7anewetoknes7fpk7vvl2ifa4i

Patenting bioinformatic inventions: Emerging trends in Europe

Steven J. Hultquist, Robert Harrison, Yongzhi Yang
2002 Nature Biotechnology  
The VICOM decision and other decisions that followed it in Europe opened the way for the patenting of inventions implemented by means of computers.  ...  The reasoning behind these decisions has often been adopted by courts in other countries, and much of the case law developed by courts in Europe on computer-implemented inventions is highly relevant to  ...  An algorithm used in the analysis of DNA sequence or protein data should be patentable as long as it is not couched in purely mathematical terms but is applied to achievement of a useful, concrete, and  ... 
doi:10.1038/nbt0502-517 pmid:11981569 fatcat:qcigbe4nhvb3lpoot7wzu2xazy

The software patent debate

A. G. Gonzalez
2006 Journal of Intellectual Property Law & Practice  
In the case of a computer implemented invention the 'Technical Contribution' must be realisable within the apparatus on which it is implemented.  ...  The patenting of computer inventions benefits large firms because they have the resources to apply for patents. 71 However, most of the literature defending computer implemented inventions argues that  ... 
doi:10.1093/jiplp/jpi046 fatcat:zmkxsjbka5bfvmsagyia2rpbrq

Patentability of Software Inventions

Umakant Mishra
2014 Social Science Research Network  
More than 50,000 patents have been granted in Europe for software related inventions.  ...  In Europe computer programs are protected under copyright law since 1991. In US the copyright protection for programs is codified since 1980.  ... 
doi:10.2139/ssrn.2432070 fatcat:w5equypfmfc7hgymhqnmeoskii

The Inventive Concept in Alice Corp. v. CLS Bank Int'l

Dan L. Burk
2014 IIC - International Review of Intellectual Property and Competition Law  
Turning to the second step, the Court determined that the abstract idea was implemented in a generic computer system, and that such a routine or commonplace implementation lacked an ''inventive concept  ...  The claims in Alice Corp. entailed a computer implemented method for resolving financial transactions by means of a third-party intermediary.  ... 
doi:10.1007/s40319-014-0285-9 fatcat:ii4xwtwy5vhr3fhzgk5ixvupra

Patentability of Internet Business Method: A Malaysian Perspective

Nor Sa'adah Abd rahman, Siti Aisah Sahlan, Salmiah Mohd Amin
2014 JOURNAL OF SOCIAL SCIENCE RESEARCH  
Therefore, this paper attempts to examine the issue of Internet business method and its patentability from the perspective of Patent Law in Malaysia.  ...  In order to protect an Internet business method from imitation, business firms realized that there is a need to protect business methods using Patent Law.  ...  In this case, the invention is relates to a computerized system to be used for trading in stocks and shares.  ... 
doi:10.24297/jssr.v3i1.3167 fatcat:c2pb3dlacbhkhfqbu4uptwoaea

Legal and Economic Justification for Software Protection

Bruno de Vuyst, Alea Fairchild
2012 International Journal of Open Source Software & Processes  
In Europe, there is an exclusion of computer programs in Article 52 (2) c) EPC (EPO, 1973), but this exclusion is increasingly narrowed and some call for abandoning the exclusion altogether.  ...  In summary, open source software does not fit in any proprietary model; rather, it creates a freedom to operate.  ...  programs (the so-called computer-implemented inventions).  ... 
doi:10.4018/ijossp.2012070101 fatcat:esa6rvlnxvcsta237oym2tyaei

Patentable Subject Matter: The View from Europe

Avi Freeman
2011 International Free and Open Source Software Law Review  
This article presents a review of the position regarding the availability of patent protection for computer-implemented inventions (software in particular) in Europe.  ...  The asserted difference was between decisions that related to the act of programming a computer.  ...  According to some, a programmer's activity, i.e. writing a computer program, falls within the exclusions of Article 52(2)(c) (T833/91, T204/93, and T769/92) 57 , whereas according to others (T1177/97 and  ... 
doi:10.5033/ifosslr.v3i1.58 fatcat:ne5dgnfuvrbyne6siqg5qvlp2m

Biotechnology — a challenge to the patent system

Sharon Farnley, Pamela Morey-Nase, Diana Sternfeld
2004 Current Opinion in Biotechnology  
The EPO has taken the line that a computer-implemented invention can only be patentable if there is some technical contribution.  ...  The position in Europe is that computer programmes 'as such' may not be patented, but patent offices and courts in different countries have interpreted what this means differently.  ...  Its introduction involved many years of debate and even now has not been implemented in several Member States.  ... 
doi:10.1016/j.copbio.2004.04.004 pmid:15193336 fatcat:tno67p2u6bbdhjhp7zum6vrr2a

Does State Street Lead to Europe? The Case of Financial Exchange Innovations

Mari Komulainen, Tuomas Takalo
2011 European Financial Management  
Our evidence suggests that patentability standards for financial methods have not weakened in Europe in the aftermath of the State Street decision and that the inventive step requirement constitutes a  ...  We study whether and to what extent financial exchange innovations are in practice patentable in Europe.  ...  However, since the computer implementation of processing data on the shares of a stock index is straightforward, an inventive step can only be involved if the data processing features form a solution to  ... 
doi:10.1111/j.1468-036x.2011.00600.x fatcat:7glt5ylahzdpvgxls3jbcy22fu
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