- Elgar original reference
Edited by Josef Drexl
Chapter 14: One, None, or a Hundred Thousand: How Many Layers of Protection for Software Innovations?
Gustavo Ghidini and Emanuela Arezzo* 1 Introduction In 2002, the European Commission embarked on the arduous project of drafting a Proposal for a Directive (hereinafter PD) on the patentability of computer-implemented inventions (so-called CIIs).1 The PD was officially aimed at harmonizing different trends that had emerged in national patent systems and creating a uniform regime following, more or less, the blueprint drawn up by the European Patent Office (EPO) case law.2 Such discrepancies within (software) patentability trends in Europe were considered a further obstacle towards the creation of a uniform patent policy in the EU and, consequently, discouraging the recourse to patent, especially by small and medium-sized enterprises (SMEs).3 Quite rightly, the European Commission thought that uniformity in the law would enhance legal certainty and thus confidence in patents as a valuable instrument to foster progress in such a prominent sector of the European economy. At the same time, however, the PD reflected a ‘defensive’ concern: the massive number of software patents (especially those concerning business * This chapter reflects opinions and ideas mutually shared by the authors. However, sections 2, 4 and 5 can be ascribed to Emanuela Arezzo, while the remaining paragraphs are attributed to Gustavo Ghidini. 1 See the first Commission Proposal of 20 February 2002 for a Directive on the patentability of computer-related inventions presented by the European Commission, COM(2002) 92 final = http://eur-lex.europa.eu/LexUriServ/site/en/com/2002/ com2002_0092en01.pdf, accessed 4 November 2007. 2 See section 2.2 infra. 3 An example of diverging trends has been registered,...
You are not authenticated to view the full text of this chapter or article.
Elgaronline requires a subscription or purchase to access the full text of books or journals. Please login through your library system or with your personal username and password on the homepage.
Non-subscribers can freely search the site, view abstracts/ extracts and download selected front matter and introductory chapters for personal use.
Your library may not have purchased all subject areas. If you are authenticated and think you should have access to this title, please contact your librarian.