|
|
|
|
||||
|
||||
Towards a New Instrument of Protection for Software in the EU? Learning the Lessons from the Harmonization Failure of Software PatentabilityReto HiltyMax Planck Institute for Intellectual Property and Competition Law Christophe GeigerCentre for International Intellectual Property Studies (CEIPI) - University of Strasbourg; Max Planck Institute for Intellectual Property and Competition Law January 25, 2011 BIOTECHNOLOGY AND SOFTWARE PATENT LAW: A COMPARATIVE REVIEW ON NEW DEVELOPMENTS, G. Ghidini & E. Arezzo, eds., Edward Elgar, 2011 Max Planck Institute for Intellectual Property & Competition Law Research Paper No. 11-01 Abstract: While the European Parliament overwhelmingly rejected in 2005 the directive proposal on the patentability of computer-implemented inventions, the subject remains very controversial, particularly due to the fact that the European Patent Office has maintained its practice of granting patents on software matters. Therefore, a large number of questions are still pending. This article asks in a general manner and without any prepossession to what extent software can be patented in the actual state of the law. Within the scope of a socio-economic analysis, it then deals with the question of whether patent law is really the appropriate judicial instrument or if other tools (existing or to be created) must be taken into consideration.
Number of Pages in PDF File: 38 Keywords: Protection of Software, Exclusion from Patentability, Definition of an Invention, Sui-Generis Right, European Patent Convention, Functions of Patent Law, Open Source, Bilski decision Accepted Paper SeriesDate posted: May 1, 2011 ; Last revised: June 25, 2012Suggested CitationContact Information
|
|
||||||||||||||||||
© 2013 Social Science Electronic Publishing, Inc. All Rights Reserved.
FAQ
Terms of Use
Privacy Policy
Copyright
This page was processed by apollo4 in 0.546 seconds
