It seems that we will have European software patents like we already have them in Switzerland ¹:
1. No patents on business methods
2. No patents on software only
3. Patents on specific machinery that requires specific softare
This means that Amazon One-Click cannot be patented, there is no associated machinery. The software controlling anti-blocking system (ABS) in cars can be patented however, because it can be patented as part of the ABS. ²
The FFII doesn’t agree, however. ³ They quote several people showing that it totally unclear what “technical contribution” means (and intentionally so!), and that therefore the entire restriction I translated above as “specific machinery” is not worth anything at all.
I agree that the law is often better a bit fuzzy because that leaves enough room for judges to adapt the law the specific circumstances and future developments. That’s how we can survice eventhough we are sometimes abiding by laws that are decades or even centuries old.
I’m not sure what to make of it. Sometimes the text on the FFII page seems to by a bit hysteric. I get a headache from reading it.
#Patents