ثبت اختراعات اروپا برای نرم افزار، تجارت الکترونیک و اختراعات مدل کسب و کار

It is commonly held that software, e-commerce and business model related inventions are inherently unpatentable in Europe. In reviewing the situation, this article emphasises the large number of inventions in this field which have in fact been patented through the EPO or through the national patent offices in Europe. The author provides many specific examples and draws parallels with the interpretation of the patent law in other technical fields. He shows that, if proper attention is paid to both the substance and the form of the claims and description, to direct the reader to the technical problem and its solution, effective protection is in fact very often available. The article also provides a brief introduction to the technology of computers for the non-expert and makes a brief mention of the differences in the law in Europe and the USA in this field.

There has been a widespread misconception that computer software cannot be protected by patents in Europe. The unfortunate consequence is that a significant body of both the legal community and the software industry believes that the only protection available to software innovators is copyright. Copyright protection is narrow. Patent protection is considerably broader. As in other fields, software patents can protect novel concepts regardless of the form in which the concept is reduced to practice. As will become clear, patent protection for software is indeed available, and the software industry, with the assistance of its advisers, may take advantage of the patent system wherever commercially appropriate.