JuriCxidef0505En

Article 2 a

number

submitter

recommendation

text

24

Rocard

+

a) "computer-controlled invention" means any invention the performance of which involves the use of a computer, computer network or other programmable apparatus, the invention having one or more nontechnical features realised wholly or partly by means of a computer program or computer programs, besides the technical features which any invention must possess;

50 = 51

Kudrycka and Zwiefka; Bertinotti

++

"Computer-aided invention", also called "computer-implemented invention", means an invention in the sense of patent law the performance of which involves the use of a programmable apparatus;

52

Kauppi

+

"computer-implemented invention" means an invention within the meaning of the European Patent Convention, the performance of which involves the use of a computer, computer network or programmable apparatus.

53

Szejna

o

"computer-implemented invention" means any invention within the sense of patent law the application of which involves the additional use of a computer, computer network or other programmable apparatus as a control apparatus, which changes one or more features of the state of the art in a given field;

54

Lichtenberger, Frassoni

+

"computer-assisted invention" means any invention the performance of which involves the use of a computer, a computer network or other programmable apparatus and having one or more non-technical features which are realised wholly or partly by means of a computer programme or computer programmes besides the technical features that any invention must contribute.

55

Ortega

-

(a) "computer-assisted invention" means any invention within the meaning of the European Patent Convention the performance of which involves the use of a computer, computer network or other programmable apparatus, the invention having one or more non-technical features in its application which are realised wholly or partly by means of a computer program or computer programs, besides the features which any invention should provide;

56

Harbour

o

(a) "computer implemented inventions" means any invention within the meaning of the European Patent Convention, the performance of which involves the use of a computer, computer network or other programmable apparatus, the invention having one or more features which are realised wholly or partly by means of a computer program or computer programs;

54 is similar to the amendment adopted in first reading, except that "implemented" was replaced with "assisted" and the reference to the EPC has been dropped, so it compromises with Commission criticism that the EPC cannot be embedded in EU law like that. 24 is similar.

Amendment 53 is similar to 54, except that it changes that phrasing to "in the sense of patent law". It mixes statutory subject matter and novelty, however.

Amendment 50 = 51 simplifies the first reading amendment and also uses the "in the sense of patent law" phrasing.

Amendment 52 is also a simplified version of the first reading, keeping the "in the sense of patent law".

Amendment 55 is a weakened version of the first reading, by removing the requirement that the invention provides technical features ("technical" is removed, and "must" has been replaced by "should". Additionally, it still contains the "within the meaning of the EPC" phrasing.

56 takes on board the Commission and Council-criticised "within the meaning of the European Patent Convention", and leaves the Council text alone for the rest.

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