Open Access. Powered by Scholars. Published by Universities.®
- Institution
Articles 1 - 2 of 2
Full-Text Articles in Law
Software Patents, Separation Of Powers, And Failed Syllogisms: A Cornucopia From The Enlarged Board Of Appeal Of The European Patent Office, Justine Pila
Justine Pila
The decision of the Enlarged Board of Appeal (EBA) of the European Patent Office (EPO) in G_0003/08 regarding the patentability of computer programs under the European Patent Convention (EPC) is considered, and the grounds for the EBA’s rejection of the President’s referral on the computer programs exclusion of Article 52(2)(c) & (3) analysed. An argument is made that the basis for that rejection is an interpretation of the President’s power of referral under Article 112(1)(b) EPC that is inconsistent with Articles 31–33 of the Vienna Convention, and that offends the constitutional principles on which the EBA relied. The EBA’s support …
Dispute Over The Meaning Of ‘Invention’ In Article 52(2) Epc: The Patentability Of Computer-Implemented Inventions In Europe, Justine Pila
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 …