17th maj, 2010

Enlarged Board of Appeal decides on computer-implemented inventions

Today the Enlarged Board of Appeal decided on the much awaited computer-implemented invention case G0003/08. 


There is not much new in the case other that a very thorough analysis of present case law of the Board of Appeal and the approach when analyzing CII´s. 


The case has had some attention from 3rd parties which is reflected in the number of amicus curia. 111 opinions were submitted. The 26 opinions from Free Software sources show that this subject still attract some attention. The decision even analyzes some of the more political issues in the amicus curiae, which is a bit strange, since a decision is concerned with understanding the law not an analysis if the law should be as it is. Also in several places the decision addresses the reader directly (fx sec 9.2) almost in the American tradition. The reason for this new approach to formulating decisions could be the political nature of CII´s and the way of handling this by the Enlarged Board of Appeal. 


Flemming from the DKPTO has done a nice analysis of the decision. 

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