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Patents cover the original methodologies personified in a given piece of software, or the function that the software is intended to serve, independent of the specific language or code that the software is written in.
Computer-implemented invention (CII)

Source:
Overlap with copyright
The EPO, in contrast, deny that they issue software patents. They further argue that the term software patent is itself an ambiguous concept since it could imply that an invention [url=http://www.cod-esports.fr]abercrombie pas cher[/url] must be in the form of software to count as a CII. The case law of the EPO and different national courts in Europe states that a computer program cannot be patented in the disguise of an object or as hardware if the original invention is still a computer program as such. Computer-executed invention also covers inventions relating to computer manipulation of processes external to a computer, such as ABS braking systems. Such inventions are not caught by many definitions of software patent, such as the one offered by the FFII.
Article Tags: Software Patent, Computer Program
Patents, on the other hand, give their owners the right to prevent others from using a claimed invention, even if it was separately developed and there was no copying involved. In fact, one of the most recent EPO decisions [url=http://www.riad-marrakesh.fr]abercrombie pas cher[/url] T 424/03 clarifies the difference, stating that software is patentable, [url=http://www.piktor.fr/louboutn/]louboutin[/url] because it is basically only a technical method executed on [url=http://www.lotogame.fr/louboutin-pas-cher/]louboutin pas cher[/url] a computer, which is to be distinguished from the program itself [url=http://www.accrh.fr]doudoune moncler[/url] for performing the method, the program being merely an expression of the method, and thus being copyrighted.
Protection by patent [url=http://www.mxitcms.com/abercrombie/]abercrombie milano[/url] protection and copyright comprise two [url=http://www.lotogame.fr/louboutin-pas-cher/]louboutin[/url] different means of legal protection which may cover the same subject-matter, such as computer programs, since each of these two means of protection serves its own objective. Software is protected as works of literature under the Berne Convention, thus any software written is automatically covered by copyright. This allows the creator to avoid another entity from copying the program and there is generally no need to register code [url=http://www.ennenne.it]moncler sito ufficiale[/url] in order for it to be copyrighted.

Additionally, the EPO do not issue patents to all computer-implemented [url=http://www.piktor.fr/air-jordan/]air jordan[/url] inventions since they must still provide a technical solution to a technical problem to be regarded as being inventive, whereas the term software patent entails a granted patent. Nevertheless, the fact that the EPO deem that many software-related patent applications explain inventions is a point of contention.
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A micro site of the EPO website mentions that a typically accepted and widely used definition of [url=http://www.davidhabchy.com]barbour sale[/url] a CII is "an invention whose implementation involves the use of a computer, computer network or other programmable apparatus, the invention having one or more features which are realized wholly [url=http://www.1855sacramento.it/woolrich.php]www.1855sacramento.it/woolrich.php[/url] or partly by means of a computer program." A parallel definition is provided by the procedures for Examination at the EPO.

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