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Thesis University of Akureyri > Hug- og félagsvísindasvið > B.A./B.Ed. verkefni >

Please use this identifier to cite or link to this item: http://hdl.handle.net/1946/3093

  • Title is in Icelandic Software Patents and the EPO: Should software patents be granted under the European patent system?
  • Abstract is in Icelandic

    This dissertation discusses the European patent system under the European Patent
    Convention of 1977 in relation to software patents. Software patents and their
    granting is a matter of some controversy throughout the world and it is debated
    whether or not such patents should be granted at all. The central question this
    dissertation addresses is whether software patents should be granted under the
    European patent system. For the purpose of answering this question the definitions of
    patents, software and software patents are examined. The granting of software patents
    under the European patent system as it is under the European Patent Convention is
    examined and the history of software patents in Europe is outlined. For comparison
    the granting of software patents under the United States' patent system and its results
    are also explored. How the European patent system deals with three important
    arguments is then thoroughly examined; that software is mathematics, that software
    patents are not economically viable and that the test of technical character results in
    legal uncertainty. Finally the conclusions are that software patents should not be
    granted under the current patent regime for software patents do not bring about the
    desired effects in the political and economic sense. Moreover, the legal justifications by the European Patent Office for the granting of such patents under the European Patent Convention are not solid enough.

  • Jun 24, 2009
  • http://hdl.handle.net/1946/3093

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