Wildy logo
(020) 7242 5778

Wildy’s Book News

Book News cover photo

Vol 21 No 9 Sept/Oct 2016

Book of the Month

Cover of Goode on Commercial Law

Goode on Commercial Law

Edited by: Ewan McKendrick
Price: £170.00

Pupillage & Student Offers

Special Discounts for Pupils, Newly Called & Students

Read More ...

Secondhand & Out of Print

Browse Secondhand Online


Software and Patents in Europe

ISBN13: 9780521329620
Published: June 2011
Publisher: Cambridge University Press
Country of Publication: UK
Format: Paperback (Hardback 2007)
Price: £29.99
Hardback edition , ISBN13 9780521868396

Despatched in 7 to 9 days.

The computer program exclusion from Article 52 of the European Patent Convention (EPC) proved impossible to uphold as industry moved over to digital technology, and the Boards of Appeal of the European Patent Organisation (EPO) felt emboldened to circumvent the EPC in Vicom by creating the legal fiction of 'technical effect'. This 'engineer's solution' emphasised that protection should be available for a device, a situation which has led to software and business methods being protected throughout Europe when the form of application, rather than the substance, is acceptable. Since the Article 52 exclusion has effectively vanished, this 2007 text examines what makes examination of software invention difficult and what leads to such energetic opposition to protecting inventive activity in the software field. Leith advocates a more programming-centric approach, which recognises that software examination requires different strategies from that of other technical fields.

Intellectual Property Law
1. Software as machine
2. Software as software
3. Policy arguments
4. Software patent examination
5. Holding the line: algorithms, business methods and other computing ogres
6. The third way: between patent and copyright?
7. Conclusion: dealing with and harmonising 'radical' technologies.