EU-patent på datorrelaterade uppfinningar
en rättsekonomisk analys
LawEUECPatentsCopyrightComputerComputer programComputer-implemented inventionsSoftwareBusiness MethodsLaw and EconomicsEuropean Patent ConventionTRIPSRÄTTSVETENSKAP/JURIDIK
Computer programs must give a technical effect that goes beyond"normal physical interaction"to be considered to belong to a technical field. The invention shall be be susceptible of industrial application, which means that it should be possible to reproduce or use in any other industrial way. The reqirement that the invention shall be new means that the technique must not be previously known because of patents, published articles, etc. That an invention shall be a contribution to the state of the art in a technical field means that the invention shall not be obvious to invent for a person skilled in the art. Patents do effect the innovation among the inventers, but in most industries most inventions would be invented independent if there was a patent system or not. Only in pharmaceuticals- and chemicals industries, the patent is of a great importance. Patents are probably of lesser importance for the computer industry than for those industries, even though the industry is of great importance for many other industries and therefor, the patent system can be of great importance for some computer-implemented inventions as well. There is a risque the the competition is negatively affected by the patent system, becuase of the monopoly it gives. I believe, though, that the gain of the patent system compensates for the risque of imperfections in the market. The free movement for goods, persons, services and capital will probably not be affected if the proposal of the directive about patentibility of computer-implemented invention will get passed.