Question: So, is software patentable or not...

[João Miguel Neves]

Software is not effectively disqualified in theory. One of the major
victories in the vote was that software is not patenteable by
definition.

In practice, the patent conditions in article 2 (see
http://lwn.net/Articles/50722/) put aside any software patent that is
not for industrial purposes (in the strict sense of "automated
production of material goods") and which is not technical ("The use of
natural forces to control physical effects beyond the digital
representation of information belongs to a technical field. The
processing, handling, and presentation of information do not belong to a
technical field, even where technical devices are employed for such
purposes.")

It's possible that it affects algorithms. But I don't know how to
legally separate an alogrithm from a program.

A Seg, 2003-09-29 às 10:07, edA-qa mort-ora-y escreveu:
> Yes, it is a loaded question, but what is the general consensus towards 
> the final wording of the patent law and whether software is effectively 
> disqualified.
> 
> I also noted that some of the wording in the law may effectively make 
> algorithms also not patentable -- such as the MP3 algorithm.  Is this 
> way off base, or has Franhaufer just lost their source of income?
-- 
João Miguel Neves <joao at silvaneves.org>
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