At Tuesday evening's meeting in the pub we had a brief discussion on whether it was "correct" or useful to refer to computer software as technology. I mentioned a 2005 UK High Court judgement, the CFPH Case, which many of you might be familiar with, where the question of what is and what isn't technology is raised. The judgement can be found here http://www.bailii.org/ew/cases/EWHC/Patents/2005/1589.html.
I think what is interesting is that Judge Prescott (rightly IMHO) points out that (i) our understanding of 'technical' and 'technology' is quite fuzzy at the edges, and (ii) that these same fuzzy understandings have become the cornerstone for how the EPO decide cases, looking for 'technical' contribution etc. His overall findings, especially the infamous little man test, were overturned by later judges, but this brief little discussion on technology remains interesting.
Just took a quick look at the Irish Patent Act (http://www.irishstatutebook.ie/1992/en/act/pub/0001/sec0009.html#zza1y1992s9) and sure enough there is no mention of technology or technical. TRIPS on the other hand is quite explicit (http://www.wto.org/english/docs_e/legal_e/27-trips_04c_e.htm):
"1. Subject
to the provisions of paragraphs 2 and 3, patents
shall be available for any inventions, whether products
or processes, in all fields of technology, provided that
they are new, involve an inventive step and are capable
of industrial application."
So could it be that this word has just sort of crept up and overtook us? Lookiing at the TRIPS wording it is really quite critical what is and what isn't a field of technology.
My own view is that there is a sense in which computer software can be usefully viewed as technology but we should use it cautiously. In much the same way as it can be useful to refer to graphics engines and message pumps. In these cases it is metaphor - not actual machines and pumps. And there are so many other aspects of computer programs which are not necessarily technological. One thing which is reasonably certain is that technology is required for a computer program to execute. The rest is open to interpretation.
Regards
Bob