Legal provisions of COM(2002)92 - Patentability of computer-implemented inventions - Main contents
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dossier | COM(2002)92 - Patentability of computer-implemented inventions. |
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document | COM(2002)92 |
date | February 20, 2002 |
Contents
- Article 1 - Scope
- Article 2 - Definitions
- Article 3 - Computer-implemented inventions as a field of technology
- Article 4 - Conditions for patentability
- Article 5 - Form of claims
- Article 6 - Relationship with Directive 91/250 EC
- Article 7 - Monitoring
- Article 8 - Report on the effects of the Directive
- Article 9 - Implementation
- Article 10 - Entry into force
- Article 11 - Addressees
Article 1 - Scope
Article 2 - Definitions
(a) 'computer-implemented invention' means any invention the performance of which involves the use of a computer, computer network or other programmable apparatus and having one or more prima facie novel features which are realised wholly or partly by means of a computer program or computer programs;
(b) 'technical contribution' means a contribution to the state of the art in a technical field which is not obvious to a person skilled in the art.
Article 3 - Computer-implemented inventions as a field of technology
Article 4 - Conditions for patentability
2. Member States shall ensure that it is a condition of involving an inventive step that a computer-implemented invention must make a technical contribution.
3. The technical contribution shall be assessed by consideration of the difference between the scope of the patent claim considered as a whole, elements of which may comprise both technical and non-technical features, and the state of the art.
Article 5 - Form of claims
Article 6 - Relationship with Directive 91/250 EC
Article 7 - Monitoring
Article 8 - Report on the effects of the Directive
(a) the impact of patents for computer-implemented inventions on the factors referred to in Article 7;
(b) whether the rules governing the determination of the patentability requirements, and more specifically novelty, inventive step and the proper scope of claims, are adequate; and
(c) whether difficulties have been experienced in respect of Member States where the requirements of novelty and inventive step are not examined prior to issuance of a patent, and if so, whether any steps are desirable to address such difficulties.
Article 9 - Implementation
When Member States adopt those provisions, they shall contain a reference to this Directive or shall be accompanied by such a reference on the occasion of their official publication. Member States shall determine how such reference is to be made.
2. Member States shall communicate to the Commission the text of the provisions of national law which they adopt in the field covered by this Directive.