JuriProdproc0505En

Article 5.1

number

submitter

recommendation

text

33

Rocard

+

1. Member States shall ensure that a computer-controlled invention may be claimed only as a product, that is as a device controlled by a programmed computer, a programmed computer network or other programmed apparatus, or as a technical process controlled by such a computer, computer network or apparatus through the execution of software.

116

Szejna

+

Member States shall ensure that a computer-implemented invention may be claimed as a product in the form of a machine or technical apparatus with the addition of a computer, computer network or other programmable apparatus or as a technical process which is started and controlled by means of sensors, circuit breakers and commutators through such a computer, computer network or other control apparatus.

117

Lichtenberger, Frassoni

+

Member States shall ensure that a computer-implemented invention may be claimed only as a product, that is a programmed device, or as a technical production process.

118

Ortega

++

Member States shall ensure that a computer-assisted invention may be claimed only as a product, that is a programmed device, or as a technical production process.

119 = 120 = 121

Kudrycka and Zwiefka; Bertinotti; Kauppi

++

Member States shall ensure that a computer-aided invention may be claimed as a product, that is as a programmed apparatus, or as a process carried out by such an apparatus.

116 is better than the Council version, but is overly complex (the inclusion of sensors, circuit breakers etc is no necessary).

117 is a reprise from first reading. 118 is a little better since it says "computer-assisted" instead of "computer-implemented". 33 is quite similar, though a bit more convoluted since it takes on board a lot of Council wordings.

119 = 120 = 121 simplifies the first reading definition by removing the "technical production" wording (this article is only about the form of the claims, not about patentability criteria).

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