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    • Publisher:
      Cambridge University Press
      Publication date:
      22 July 2009
      18 October 2007
      ISBN:
      9780511495267
      9780521868396
      9780521329620
      DOI:
      https://doi.org/10.1017/CBO9780511495267
      Dimensions:
      (228 x 152 mm)
      Weight & Pages:
      0.49kg, 214 Pages
      Dimensions:
      (229 x 152 mm)
      Weight & Pages:
      0.29kg, 214 Pages
      • Series:
      Cambridge Intellectual Property and Information Law (9)
      Subjects:
      Intellectual Property, European Law, Law, International Trade Law
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    Series:
    Cambridge Intellectual Property and Information Law (9)
    Subjects:
    Intellectual Property, European Law, Law, International Trade Law
    Information

    Book description

    The computer program exclusion from Article 52 of the European Patent Convention (EPC) proved impossible to uphold as industry moved over to digital technology, and the Boards of Appeal of the European Patent Organisation (EPO) felt emboldened to circumvent the EPC in Vicom by creating the legal fiction of 'technical effect'. This 'engineer's solution' emphasised that protection should be available for a device, a situation which has led to software and business methods being protected throughout Europe when the form of application, rather than the substance, is acceptable. Since the Article 52 exclusion has effectively vanished, this text examines what makes examination of software invention difficult and what leads to such energetic opposition to protecting inventive activity in the software field. Leith advocates a more programming-centric approach, which recognises that software examination requires different strategies from that of other technical fields.

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