Article 52.2 of the European Patent Convention
How has it been implemented in national laws?
the bxl and de work groups thought it would be useful to get an overview on how the famous Art 52 of the European Patent Convention on "Patentable inventions" http://www.epo.org/patents/law/legal-texts/html/epc/1973/e/ar52.html has been translated into the languages of the different member states and implemented in their laws. In particular, it would be interesting to know whether/how the infamous "software as such" line has made it into the different languages.
Some information is already available at http://eupat.ffii.org/analysis/epc52/index.en.html but we would aim for a more comprehensive collection.
Could you have a look at your home countries respective law and provide us with a link to the corresponding article and possibly a "re-translation" to English?
If you are aware of court decisions or scientific articles clarifying or illuminating the matter, please give us the references.
We will collect the data at https://action.ffii.org/epc52
Everybody is invited and encouraged to contribute. Please check what has been contributed before you start your research. If you can not or do not want to edit this wiki, please respond by mail to ggiedke@ffii.de. or use the wikidot site http://epc52.wikidot.com/, which allows for anonymous edits. I'll try to keep this wiki up-to-date.
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http://www.epo.org/patents/law/legal-texts/html/epc/1973/d/ar52.html
Deutsches Patentgesetz Art 1: (1) "all areas of technology" (2) to include "biological material" (3) excludes "scientific theories, mathematical methods, aesthetic creations, plans, rules, procedures for games, business practices, programs for data processing devices, the reproduction of information (4) restricts the exclusions of (3) to cases when the respective objects/activities claim protection "as such".
Art 1a, Art 2 and Art 2a contain further exclusions (human body and its parts, invention whose use would be against public order or morals, plant sorts or animal races, but microbiological procedures are patentable).
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http://www.epo.org/patents/law/legal-texts/html/epc/1973/f/ar52.html
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http://www.epo.org/patents/law/legal-texts/html/epc/1973/e/ar52.html
