Polish pull support for Computer-Implemented Inventions Directive in Europe

The Polish government yesterday stated that it cannot support the controversial European Patentability of Computer-Implemented Inventions Directive [.pdf; draft].  According to this article, the move by the Poles has the potential to kill the Directive.  Apparently, the Polish government will support a directive that makes it clear that

"computer-implemented inventions" are patentable, so long as software is excluded.

So, what is a "computer-implemented invention" (CII)?  The draft Directive defines the term as:

any invention the performance of which involves the use of a computer, computer-network or other programmable apparatus and having one or more prima facie novel features which are realised wholly or partly by means of a computer program or computer programs

According to Patents4innovation, a CII is "[a]ny invention which is implemented using software as a component…."

The patentability of software is, of course, the hot controversy in European intellectual property law.  The Directive, and the politics surrounding it, are likely to continue to evolve…


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