JuriVardef0505En

Article 2 (new paragraphs)

number

submitter

recommendation

text

28

Rocard

+

(bc) "Information processing method" means any processing method handling digitally represented information, whatever the nature or origin of what it represents. These methods include digital information processing as such, but also the handling, representation or presentation of such information.

83

Lichtenberger, Frassoni

o

"information processing method" means any processing method handling digitally represented information.

Better would have been to define "data processing" instead of "information processing". 28 is nice because it clearly notes that the EPO's "physical data" theory is not acceptable (at the EPO, whether or not dataprocessing is patentable can depend on where the data comes from, even though you may be using exactly the same algorithm for exactly the same reasons when processing "physical" and "non-physical" data).

Recital 14 a (new)

| number | submitter | recommendation | text | | 228 | Lehne | - | Data processing in the sense of the directive does not cover the identification of physical effects and their conversion into data. |

Physical phenomena and data are not mutually convertible, and "identification" is a mental activity.

Data processing does indeed not cover the physical phenomena that are represented by data and, since data processing has become an important antonym to "technology", it would be appropriate to say in the directive what it covers and what not. However the approach chosen here is unclear and inadequate.

Recital 16 a (new)

| number | submitter | recommendation | text | | 16 = 236 | Rocard | - | Methods for processing data represented in digital form are by their very nature algorithms and are therefore inherently non-technical. However, if information from the physical world is not captured in order to be represented digitally, a physical process for processing such information in hardware could have a technical character. |

Although we agree with the spirit of the justification of this amendment, the amendment itself and the examples given are quite confusing. The difference must lie between whether or not the solution is already completed before the physical implementation starts. I.e., in case of a computer program, the solution is completed using mathematics and logic, and only then physical processes (the computer running on electricity) are applied to make the solution usable in the real world. This is not the case with e.g. the hydraulic valve example given in the justification.

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