Software Patents in Germany - Current Developments

Abstract

In the European Community and its Member States, there is an ongoing debate whether and to what extent computer software should be patentable. This paper gives an overview of current developments in the area of patent protection for computer software in Germany. In December 1999 and May 2000, the German Federal Supreme Court in civil matters ("Bundesgerichtshof") published two landmark decisions ("Logikverifikation" and "Sprachanalyseeinrichtung"). These decisions could broaden the scope of patent protection for computer software considerably. The paper gives an overview of software patentability under the German Patent Act in general and describes both decisions in particular.