[pp.int.general] Important for European software patent policy

[Reinier Bakels]

Software patents are a PP issue as well, aren't they? As you know, the European Patent Office (EPO) allows software patents under certain conditions, based on the fact that the European Patent Convention (only) excludes patents on "software as such". Nobody knows what "as such" really means. This is not only a problem for those who oppose "swpats" for political reasons, but also from the perspective of legal certainty.
In order to resolve these problems (in particular the latter) the "Enlarged Board of Appeal" (EBA) has been invoked (last October) to give its opinion on the boundaries of software patentability (for Americans: it is somehow similar to the American Bilski case, but still quite different).
The EPO "Enlarged Board of Appeal" now has published that third parties may submit their opinion on the case until the end of April 2004 (in what Amercans call "amicus curiae briefs").

If you don't understand the questions in the attached document, you are right. Two questions remain: how to explain that to the EBA, and what alternative to propose.     

Groeten, Grüße, Regards, Cordialement, Hälsningar, Ciao, Saygilar, Üdvözlettel, Pozdrowienia, Kumusta, Adios, Oan't sjen, Ave, Doei, Yassou, Yoroshiku, Slán, Vinarliga, Kær Kvedja
>>> REINIER B. BAKELS PhD LL.M. MSc
private: Johan Willem Frisostraat 149, 2713 CC Zoetermeer, The Netherlands telephone: +31 79 316 3126, GSM ("Handy") +31 6 4988 6490,  fax +31 79 316 7221
----- Original Message ----- 
From: Official-Journal 
To: Reinier Bakels 
Sent: Wednesday, January 21, 2009 2:53 PM
Subject: Re: urgent: article in latest OJEPO issue



Dear Sir, 
please find enclosed a PDF copy of the text you have asked for. OJ EPO 1/2009 will be published next week on the EPO website. Publication date for the paper version dated 30.1.2009. 

Kind regards 
Irene Wendl
      Irene Wendl - Brigitte Müller  
      Editorial Office - Official Journal
      European Patent Office 
      Erhardtstr. 27
      Room 128 - Capitellum
      80469 Munich GERMANY
      Tel. +49 (0)89 2399-5225 / -5217
      Fax +49 (0)89 2399-5298 
      official-journal at epo.org
      www.epo.org 


  


      "Reinier Bakels" <r.bakels at planet.nl> 
      21-01-2009 14:39 
     To <official-journal at epo.org>  
            cc  
            Subject urgent: article in latest OJEPO issue 

            

     



Good afternoon, 
In "Managing IP" I read, that the EPO in its latest Official Journal issue has published details of the procedure how to submit external comments for pending Enlarged Board of Appeal case G3/08. The January 2009 issue of the OJ is not yet online however on the EPO website (and it is not in the December 2008 issue). 
Could you perhaps send me the pertinent section by e-mail? I plan to comment, and allegedly the deadline is tight, so I'd like to know as soon as possible.   
Incidentally, when will the Jan 2009 issue of the OJ be online? 
  
Regards, 
>>> REINIER B. BAKELS PhD LL.M. MSc
private: Johan Willem Frisostraat 149, 2713 CC Zoetermeer, The Netherlands telephone: +31 79 316 3126, GSM ("Handy") +31 6 4988 6490,  fax +31 79 316 7221 
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