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process patents in europe

in further attempts to abolish the stagnating Public Domain, various special interest groups are encouraging the overhaul of the current European patent system to more closely resemble the draconian measures of the DMCA and its younger brother the EUCD

the European Patent Convention of 1973, Article 52 currently states…

  1. . European patents shall be granted for inventions [proposed: in all fields of technology ], as far as they are new, involve an inventive step and are susceptible of industrial application.
  2. . The following in particular shall not be regarded as inventions within the meaning of paragraph 1:
    1. . discoveries, scientific theories and mathematical methods;
    2. . aesthetic creations;
    3. . schemes, rules and methods for performing mental acts, playing games or doing business, and programs for computers;
    4. . presentations of information.
  3. . The provisions of paragraph 2 shall exclude patentability of the subject-matter or activities referred to in that provision only to the extent to which a European patent application or European patent relates to such subject-matter or activities as such.
  4. . Methods for treatment of the human or animal body by surgery or therapy and diagnostic methods practised on the human or animal body shall not be regarded as inventions which are susceptible of industrial application within the meaning of paragraph 1. This provision shall not apply to products, in particular substances or compositions, for use in any of these methods.

more info http://swpat.ffii.org/

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software_patents.txt · Last modified: 2007/07/04 08:49 by nik