JuriTech0505En

Article 2 b a/b/... (new)

number

submitter

recommendation

text

26

Rocard

+

"Technical" means "belonging to a field of technology". A new teaching about the use of controllable forces of nature, under the control of a computer program and beyond the technical devices required to implement the program, is technical. The processing, handling, representation and presentation of information by computer program are not technical, even where technical devices are employed for such purposes;

27

Rocard

+

(bb) "Field of technology" means an industrial field of application requiring the use of controllable forces of nature to obtain predictable results in the physical world;

67

Lehne

-

"Technical" means the identification of a physical effect which goes beyond the digital representation of information and the normal physical interaction between software and hardware of a computer, network or other programmable apparatus.

68 = 74

Kauppi; Ortega

+

"field of technology" means an industrial application domain requiring the use of controllable forces of nature to achieve predictable results. "Technical" means "belonging to a field of technology".

70 = 71

Kudrycka and Zwiefka; Bertinotti

++

A "field of technology" is a discipline of applied sciences in which new knowledge is gained by experimentation with controllable forces of nature. "Technical" means "belonging to a field of technology";

72

Lichtenberger, Frassoni

+

"Technical" means "belonging to a field of technology"

73

Gauz├Ęs

-

"field of technology" means any activity directly or indirectly employing controllable forces of nature to achieve predictable results in the physical world such as electrical, radio, or light signals. Information processing for the purpose of carrying out or assisting such an activity must be considered to belong to a field of technology, whereas information processing for calculation, financial data handling, or word-processing purposes must not be considered to belong to a field of technology.

76

Lichtenberger, Frassoni

+

"Field of technology" means an industrial application domain requiring the use of controllable forces of nature to achieve predictable results.

Amendment 67 is somewhat confusing, as it is not clear what "identification" means in this context. Additionally, it uses the "normal physical interaction" doctrine of the EPO, which was introduced only to make computer-implemented business methods patentable.

Amendment 26 and 27 reprise art 2b of the first reading and gives a proper combined positive and negative definition for the !TRIPs term "field of technology". Amendments 68 = 74 are part of this same amendment from first reading, with only the positive definition. Amendments 72 and 76 together are the same as amendments 68 = 74.

Amendments 70 = 71 are an improved version of the same amendment of first reading. A discipline is normally characterised not by its domain of application but by the way in which it gains knowledge.

Amendment 73 is very harmful as it states that data processing with a certain purpose can be considered technical. The correct approach is that the technical activity supported with data processing does not become unpatentable (e.g. an ABS brake is patentable, but not the data processing used in the implementation of the system). Data processing in itself should never be patentable, as you are patenting abstractions this way (and "computer programs as such").

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