European Software Patents [LWN.net]

European Software Patents

Posted Jul 23, 2016 23:15 UTC (Sat) by Wol (subscriber, #4433)
Parent article: The state of software patents after the Alice decision

> And although "Europeans love to say they don't have software patents when I go over there," she added, "they actually do."

Actually, the relevant laws (treaties) say that we don't have software patents "per se".

Snag is, what the black letter of the law says, and the law that is enforced in the courts, don't always agree. When you get a judge that understands the issue, it's quite simple. When you get a judge that can be bamboozled or over-awed, ... (I can't remember the names, but I think we've had perfect examples of both in the High Court over the years.)

Cheers,
Wol

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European Software Patents

Posted Jul 24, 2016 12:28 UTC (Sun) by paulj (subscriber, #341) [Link]

I think the key phrase is "as such". Software is not patentable "as such". You can patent /devices/ that include software, where they key claims or even all of the claims are in fact implemented in the software. However, by presenting it as a /computer/ or other physical device, even in the vaguest and most general terms, then it's no longer software "as such". Hey presto, patent for your software!

Yay for lawyers!