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Newsletters and Bulletins / November 1994 / European Patent Office |
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European Patent Office (EPO) - Protection of Computer-Related Inventions
It will be recalled that inventions relating to computer editing of text have
not been particularly successful in the European Patent Office (see for example
Information Letter N.S. 175). The EPO has routinely regarded such
inventions as merely a computerized version of mental acts and thus, although
not falling within the EPO's prohibition on protection of computer programs as
such, has found that they are caught by the prohibition on protection of mental
acts. In the most recent case of this type, however, Editable
Document/IBM, the EPO was persuaded that a technical problem was involved
rather than a mental one. In this case, the invention in question related to
changing of print commands when editing a document represented in digital form
according to one word processing software so that the text could be imported
into word processing operations operating under a different software. In this
case since control of a printer was involved, the Appeal Board concluded that a
technical problem had to be solved so that what was claimed was not merely a
computerized version of a mental act and thus the claimed invention was
patentable. |
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