Social impact - Software "as such"
Ambiguous formula of Article 52 of the European Patent Convention (Munich, 5 October 1973):
- European patents shall be granted for any inventions which are susceptible of industrial application, which are new and which involve an inventive step.
- The following in particular shall not be regarded as inventions within the meaning of paragraph 1: (a) discoveries, scientific theories and mathematical methods; (b) aesthetic creations; (c) schemes, rules and methods for performing mental acts, playing games or doing business, and programs for computers; (d) presentations of information.
- The provisions of paragraph 2 shall exclude patentability of the subject-matter or activities referred to in that provision only to the extent to which a European patent application or European patent relates to such subject-matter or activities as such.
As such gives patent attorneys the opportunity to demonstrate their art in the drafting of the patent applications.
Industrial application leads to define an invention as the "technical solution to a technical problem"