JuriPatinv0505En

Recital 11

number

submitter

recommendation

text

10

Rocard

++

In order for any innovation to be considered as patentable it should have a technical character, and thus belong to a field of technology. It must also be capable of industrial application, be new and involve an inventive step.

206

Kauppi

+

In order for any innovation to be considered a patentable invention it should have a technical character, and thus belong to a field of technology. In order to be patentable, inventions in general and inventions which can be realized by a computer program in particular must be susceptible of industrial application, new and involve an inventive step.

207

Szejna

o

In order for any invention to be considered as patentable it should have a technical character, that is, it should apply to material systems such as structures and materials, as well as materials, substances and energy, and their manufacture and processing.

208

Lichtenberger, Frassoni

o

In order for any invention to be considered as patentable it should have a technical character, and thus belong to a field of technology. It must also be capable of industrial application, be new, and involve an inventive step.

209 = 210

Kudrycka and Zwiefka; Bertinotti

++

In order for any innovation to be considered a patentable invention it should have a technical character, and thus belong to a field of technology.

211

Ortega

++

In order for any innovation to be considered as patentable it should have a technical character, and thus belong to a field of technology.

206 is ok overall, except that it would have been better if it had talked about "inventions realised with the help of computer programs", as a computer program itself cannot realise an invention.

207 is not really an improvement over the Council version, as it still talks about inventions as if there can be inventions without technical character.

9=208 suffers from the same problem as 207.

209=210 (=211 minus some translation differences) clearly states that when there is no technical character (or if the technical character is not yet established), one should not talk about inventions but about innovations (innovation does not have a special meaning in European patent law, invention is however a synonym for "statutory or patentable subject matter"). 9 adds some extra references to the other conditions of patentability, but is otherwise equivalent.

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