International Journal of Communications Law & Policy

AN OPEN-AND-SHUT CASE
The Diplomatic Conference to Revise the Articles of the European Patent Office Votes to Maintain the Status Quo Regarding Software Patents in Europe Pending Issuance of a New Software Patent Directive by the European Union
By Erwin J. Basinski

Download the Paper in PDF Format: IJCLP Web-Doc 12-6-2001

Abstract

The Diplomatic Conference to revise the Articles and Rules of the European Patent Convention (EPC) meeting in Munich decided on Thursday, 23 November 2000, not to adopt any revision of the existing limitations on the patenting of computer programs. Article 52(1) was amended to use the language of the TRIPs Agreement but Article 52(2) is to remain unchanged so that the bar on patenting "programs for computers as such" will continue in force, subject to the narrow interpretation placed upon the bar by the Enlarged Board of Appeal of the EPO.