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Dispute Over The Meaning Of ‘Invention’ In Article 52(2) Epc: The Patentability Of Computer-Implemented Inventions In Europe, Justine Pila

Justine Pila

In 2002, the European Economic and Social Committee (ESC) described the doctrinal premise of the European Patent Office´s interpretation of Art. 52(2) of the European Patent Convention as "the product of legal casuistry". The purpose of the current article is to consider that description, and ask whether it is fair, or whether the EPO´s approach to Art. 52 is better ascribed to problems inherent in the EPC itself. Three issues are addressed to that end. The first is the object of the ESC´s criticism: Art. 52(2) and its interpretation by the EPO´s Boards of Appeal. The second is the context …