電腦軟體與商業方法之專利保護:歐洲發展

Computer Program and Business Method Patents-The View from Europe

電腦軟體與商業方法是否得授與專利,乃近年來備受爭議的話題。美國在此領域採開放態度,並由於其強勢之經濟力量,使許多國家皆跟隨美國的腳步。然而歐洲國家由於法律規範的根本性差異,更重要的是面對專利制度的不同思考模式,因此對於電腦軟體與商業方法之專利保護,相對而言顯得審慎許多。本文試著藉由分析歐洲技術上訴廳的判例,提供另種思考觀點。並透過介紹最新關於電腦軟體相關發明之專利權適格草案,來呈現歐洲觀點的未來走向。The purpose of this article is to provide information on the current legal situation and future development in Europe concerning the patentability of computer programs and business methods. Most specifically this article address the following issues: - What is the current legal situation concerning the patentability of computer programs and business methods in Europe? - What are the fundamental requirements of protecting computer programs and business methods in European patent system(s)? What are the attitudes taken by the jurisprudence of the European Patent Office and Member States' courts?  - What are the main concerns of patentability in present time? - Where is the way that European Patent Office tries to lead to?Firstly, this article provides the conditions of granting computer programs and business methods related patents by analyzing the case law of Technical Board of Appeal of European Patent Office. Then, this article shows the different point of views existed in Europe currently. Finally, to understand the perspective of further European patent development, it is necessary to look into the new proposal for a directive of the European parliament and of the council on the patentability of computer-implemented inventions.