Ausarbeitung Software-Patente
Enrico Hartung, Matthias Liebig (12/2004), Ausarbeitung (de)
The working paper 2-2 on basics of software patents.
Abstract
To understand the current discussions on the planned extension of the patent law on computer-implemented inventions, one has to know the objectives and problems of the introduction of patents just as good as the current law situation. Exemplary for the introduction of patent laws is the Statute of Monopolies which should restrict the arbitrary patent granting of the English royal dynasty. The patent laws excluded patents on computer programs in Europe as well as in the USA. In the USA, that has been changed by means of precedents in the 20th century.
The applying laws and guidelines to the patentability of software in Europe and Germany are examined and the current political efforts presented. It is explained why patents on computer-implemented inventions actually are not possible by law and why nevertheless ten thousands have been already granted. Because the opinions on the topic are not only bipartite, we introduce different interest groups.
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