The European Patent Office is considering whether to redefine
the criteria for patenting software inventions.
Under current EPO rules, certain types of inventions are not
patentable, even if they are new and inventive. These include
software inventions that do not solve a technical problem.
The issue of how the requirement of technical aspect of a
software invention should be interpreted has been the subject of
much discussion for many years, not least because a different
definition applies in the US enabling patents on software
inventions to be obtained.
The EPO's Enlarged Board of Appeal is due to consider a
referral (G3/08) on this issue. A number of interested parties,
including [key industry bodies], have made their views known to the
EPO in the hope of influencing its decision.
If the EPO decides to adopt a strict policy of examination, many
filings for software patents will not succeed. If it decides to
lower the requirements, we can expect a significant increase in
European software patent filings.
This article was written for Law-Now, CMS Cameron
McKenna's free online information service. To register for
Law-Now, please go to www.law-now.com/law-now/mondaq
Law-Now information is for general purposes and guidance
only. The information and opinions expressed in all Law-Now
articles are not necessarily comprehensive and do not purport to
give professional or legal advice. All Law-Now information relates
to circumstances prevailing at the date of its original publication
and may not have been updated to reflect subsequent
The original publication date for this article was
To print this article, all you need is to be registered on Mondaq.com.
Click to Login as an existing user or Register so you can print this article.
The organisers of the Olympic and Paralympic games try to ensure, by means of intellectual property and other laws, that the huge investment of the official sponsors is protected from ambush marketing.
The European Patent Office (EPO) opposition procedure allows any person to challenge the validity of a European patent within nine months of its grant. Oppositions are a commercially astute method for revoking others' patents as an alternative or addition to court proceedings.
The GCC Trade Mark Law is a unified law dealing with the protection, enforcement and commercialisation of trade marks across each of the GCC member states (Bahrain, Kuwait, Oman, Qatar, Saudi Arabia and the UAE).
Register for Access and our Free Biweekly Alert for
This service is completely free. Access 250,000 archived articles from 100+ countries and get a personalised email twice a week covering developments (and yes, our lawyers like to think you’ve read our Disclaimer).