Converting/Splitting Code - Open to Closed

SamBC sambc at
Mon Feb 19 13:28:03 UTC 2001

----- Original Message -----
From: "none" <chloehoffman at>

> As for software being unpatentable in the EU, I would not state the
> proposition so categorically. Certainly, the EU is stricter on
> patent applications but nevertheless regularly allows and upholds in
> legal institutions software-related patents. I suggest taking a look
at the
> following link:
> (and following pages) for a good review of relevant EPO (European
> Office) case law. There is some disparity among the various European
> countries themselves although Germany and the UK are pro-software
> from my understanding with colleagues there. Further, Japan is very
> pro-software patents. So the reality is that software patents are in
> major markets in the world (leaving aside the arguments pro and con
> those kinds of patents in the first place).

I read your reference, and it seems to me that this only states that "a
software component does not prevent a patent as such" - but there has to
be a component, and a significant one, which is 'technical' - so a
system in which computers are used in control will be covered by patent,
but a system which is contained entirely of and within a computer
software system is non-patentable.



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