Software patentability

Dear list members,

I am a Phd student in Computer Science and Law, and I am doing a research on elements needed for patentability of software.

I know that in certain cases software can be protected by patent, in particular when it is strictly linked with an hardware component (es. firmware).

However a recent decision of the European Patent Bureau (15 April 1993) decided that a software for translating a text with special characthers (printing commands, etc.) into an internal version can be protected by patent.

The decision says: "the Board is of the opinion that, by the text transformation method claimed, a contribution to the art is made which is not merely of a linguistic nature but is basically technical. It concerns the technical problem of trasformation of digital data representing (printer) control item, cast in a first form, into digital data still representing the same information but cast in a second form, thus effectively creating a comminicative link between normally incompatible text processing systems; moreover, by solving this problem, it yelds a corresponding result, i.e. has a technical effect".

To have a technical effect seems to be the basis to be protected by patent. Further patent is not on software, but on the method of translation, i.e. the algorithm (?). But what does technical effect mean ?

In previos decisions (14 February 1989 and 5 October 1988), the EPB decided that to be protected by patent, an invention (and software as well) needs to be appliable in a sector in which patentability is admitted. Thus technical seems to be not be the software itself, but its applicability.

Plese, could you tell me some indications about patentability of software, especially in Europe law ?

My best regards

Carlo Gattei

via Frassinago, 18                              tel. +39 - 51 - 584661
40123 Bologna - ITALY
E-Mail  gattei[_at_]iperbole.bologna.it              fax  +39 - 51 - 584661
        gattei[_at_]cirfid.unibo.it


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