An unexpected, good result: after more than a year and a half of review (referral G3/08), the EPO’s Enlarged Board of Appeal has declared that the four questions posed were all inadmissible. The patent office is thus does not have the power to decide for itself whether or not software should be patentable.
Following a public consultation in April 2009, the European Patent Offices’s internal “Enlarged Board of Appeal” today published their review of their policy of granting software patents. Early analysis suggests they rubber stamp their current practice.
ESP responds to the European Patent Office’s consulation about the exclusion of computer programs from patentability
The following is the Amicus curiae brief submitted by End Software Patents regarding the European Patent Office’s referral “G 3/08” on the interpretation of EPC Art.52.