Why would claims to computer programs on their own not be permitted under the proposed Directive?
In recent decisions, patents have under certain conditions been allowed which contain claims for computer programs on their own, for example on a disk or even as a signal transmitted over the internet. In the course of consultations, fears were expressed that if enforced, patents including such claims may be used to prevent “reverse engineering” and other activities considered legitimate in respect of computer programs already protected under copyright law. Moreover, such claims could be said to be contrary to the EPC, which does not allow patents for computer programs “as such”. In response to these concerns, the Commission has decided not to follow the direction taken by case law in this important respect. Accordingly, the proposal would not allow claims of this type to be considered valid.
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