Your say on the patentability of computer programs.10 March 2009
The European Patent Office gives an opportunity to third parties for filing written statements regarding the patentability of computer programs. The term for filing written statement is until April 30, 2009 and it is related to the pending referral case ¹ G 3/08 before the Enlarged Board of Appeal, which has to clarify questions on the limitation of patentability for computer programs, according to art.52(2)(c) of the European Patent Convention.
The referral does not call into question EPC art.52(2) and (3), which states that programs for computers as such are not to be regarded as inventions and are therefore excluded from patentability. Instead, it seeks guidance on how the details of this exclusion are to be applied.