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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, "programs for computers" are not regarded as inventions for the purpose of granting European patents, 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. 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〔(Christoph Laub, ''International Software Patent Filing: The Problem of Statutory Subject Matter in view of Legal Standards at the EPO-USPTO and Economic Implications'' ), Academic Year 2004/2005, Master's Thesis (Munich Intellectual Property Law Center (MIPLC)), Retrieved 21 March 2006.〕 when compared to their American counterpart, that does not mean that all inventions including some software are ''de jure'' not patentable. == Article 52 of the European Patent Convention == The European Patent Convention (EPC), Article 52, paragraph 2, excludes from patentability, in particular # discoveries, scientific theories and mathematical methods; # aesthetic creations; # schemes, rules and methods for performing mental acts, playing games or doing business, and programs for computers; (added ) # presentations of information." Paragraph 3 then says: 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." (emphasis added) The words "as such" have caused patent applicants, attorneys, examiners, and judges a great deal of difficulty since the EPC came into force in 1978. The Convention, as with all international conventions, should be construed using a purposive approach.〔(Vienna Convention on the Law of Treaties ), Article 31〕 However, the purpose behind the words and the exclusions themselves is far from clear.〔(Article 52(2) of the Convention on the Grant of European Patents: What Did the Framers Intend? A Study of the Travaux Preparatoires ), Justine Pila (University of Oxford - Faculty of Law), International Review of Intellectual Property and Competition Law, Vol. 36, 2005〕 One interpretation, which is followed by the Boards of Appeal of the EPO, is that an invention is patentable if it provides a new and non-obvious "technical" solution to a technical problem. The problem, and the solution, may be entirely resident within a computer such as a way of making a computer run faster or more efficiently in a novel and inventive way. Alternatively, the problem may be how to make the computer easier to use, such as in (T928/03, Konami, Video Game System ). The position in Europe can be contrasted with that of other countries such as the USA and Australia. In these countries, the mere use of a computer is sufficient to make a business method patentable even if the computer is not being used in a novel or inventive way and only the underlying business method provides the patentable features. Such a position has been specifically rejected by the EPO in decisions such as T258/03 (Hitachi/Auction method). 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「Software patents under the European Patent Convention」の詳細全文を読む スポンサード リンク
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