Toolkit

Story: EC: Software is not patentable

• 
• 

This is not much of a shock really.

All the European Parliament's statement really says, is that when prosecuting Community patents, the EPO will be bound by Community law instead of the EPC. This makes sense, as Community patents and EPC patents are separate, even if they will be prosecuted by the same office, i.e. the EPO.

What is more interesting is the fact that the EPO, when prosecuting EPC patents, may be bound by the ECJ which is not bound by EPO case law. This only seems to be possible if the EPO joins the EC. It is unclear from the EP's statement whether the EPO is going to join the EC, or whether the EC is going to join the EPC. If the latter, then Community patents will probably be bound by existing EPO case law, including that relating to software patents.

Until such a time as one joins the other, though, EPC patents and Community patents will be separate, and case law in respect of one probably will not affect the practice of the other. In the interest of European harmonisation, this is not a very desirable situation.

• 
• 

• 
• 
• 

Full Talkback thread