Software patents under the European Patent Convention

The patentability of software, computer programs and computer-implemented inventions under the European Patent Convention (EPC) is the extent to which subject matter in these fields is patentable under the Convention on the Grant of European Patents of October 5, 1973. The subject also includes the question of whether European patents granted by the European Patent Office (EPO) in these fields (sometimes called "software patents") are regarded as valid by national courts.

Under the EPC, and in particular its Article 52,[1] "programs for computers" are not regarded as inventions for the purpose of granting European patents, [2] but this exclusion from patentability only applies to the extent to which a European patent application or European patent relates to a computer program as such. [3] As a result of this partial exclusion, and despite the fact that the EPO subjects patent applications in this field to a much stricter scrutiny [4] when compared to their American counterpart, that does not mean that all inventions including some software are de jure not patentable.

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