Proposed Directive On The Patentability of Computer-implemented Inventions

Proposed Directive On The Patentability Of Computer-implemented Inventions

The Proposal for a Directive of the European Parliament and of the Council on the patentability of computer-implemented inventions (Commission proposal COM(2002) 92), procedure number 2002/0047 (COD) was a proposal for a European Union (EU) directive aimed to harmonise national patent laws and practices concerning the granting of patents for computer-implemented inventions, provided they meet certain criteria.

The proposal became a major focus for conflict between those who regarded the proposed directive as a way to codify the case law of the Boards of Appeal of the European Patent Office (unrelated to the EU institutions) in the sphere of computing, and those who asserted that the directive is an extension of the patentability sphere, not just a harmonisation, that ideas are not patentable and that the expression of those ideas is already adequately protected by the law of copyright.

Following several years of debate and numerous conflicting amendments to the proposal, the proposal was rejected on 6 July 2005 by the European Parliament by an overwhelming majority of 648 to 14 votes.

Read more about Proposed Directive On The Patentability Of Computer-implemented Inventions:  Aftermath

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Proposed Directive On The Patentability Of Computer-implemented Inventions - Aftermath
... 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 ... an electrical filter designed according to this method would not usually be excluded from patentability by Article 52(2) and (3) ...

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