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contribution to rebutting Arlene McCarthy's software patent "factsheet"

contribution to rebutting Arlene McCarthy's software patent "factsheet"

Posted Sep 4, 2003 8:00 UTC (Thu) by eru (subscriber, #2753)
Parent article: Arlene McCarthy's software patent "factsheet"

McCarthy claims the proposal does not create software patents, and
in support quotes this:

# Article 4a
# Exclusions from patentability:
# A computer-implemented invention shall not be regarded as making a
# technical contribution merely because it involves the use of a
# computer, network or other programmable apparatus. Accordingly,
# inventions involving computer programs which implement business,
# mathematical or other methods and do not produce any technical effects
# beyond the normal physical interactions between a program and the
# computer, network or other programmable apparatus in which it is run
# shall not be patentable.

So it says that programs that do not have any physical interactions on
anything except the computer, network and so on are not patentable,
but it seems to me this restriction stops applying the moment the
program produces any useful output to the outside world, such
as photon patterns from the screen, sound or printout. In other words,
only useless programs that do not do produce anything are exempt!


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contribution to rebutting Arlene McCarthy's software patent "factsheet"

Posted Sep 8, 2003 17:54 UTC (Mon) by mly (guest, #2171) [Link]

Oh no. As long as it solves a "technical problem", it is
basically patentable. The solution doesn't need to be
technical. BTW, there is no definition of "technical" in
the directive, but maybe that's just a legal technicality? ;)

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