The Case Against Software Patents – Red Hat’s EPO-G3/08 Amicus Brief

“Now, let’s look at some of the other amicus briefs that were
submitted to the European Patent Office, or EPO, in the G3/08 case,
being now referred to the Enlarged Board of Appeals. I want to show
you in particular Red Hat’s submission, which I have as text for
you, and a snippet or two from a couple of other briefs submitted
by FOSS community members. This is part of our continuing
conversation on whether software should be patentable.

“As you know, the EU doesn’t allow patents on “computer programs
as such”, but what does that mean? In practice, less and less, and
Red Hat addresses that head on:

“The central issue in this referral is the meaning of the
computer program exclusion of Article 52 EPC….In other words, the
Board assumed that “computer programs as such” refers to a special
class of computer programs that is different from the computer
programs that are patentable. This assumption has no linguistic or
logical foundation….”


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