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The Patentability of Software in the Countries of the European Union

Publication at Faculty of Law |
2016

Abstract

This topic is dealing with the issue of patentability of software in the EU. Firstly, it focuses on the description of software and relative terms, on the basic typology of software and on the software production.

Then, it is dedicated to the copyright protection of software and it shows the main disadvantages of this kind of protection. Further, there are described the main issues of software protection through patent.

The main part is focusing on industrial property rights protection of computer programs in Europe. There are two main systems of protection.

The first is under the so called European patents given by the EPC under Art. 52 EPC. There are shown some famous cases of the EPO such as Vicom or Sohei.

The second system is given by the EU itself. There is a part dedicated to the establishing of the Unitary patent in the EU and an unsuccessful attempt of approval of the proposal for the Directive No 2002/0047/COD, which was rejected.