2. Can a computer program be a patentable invention under European patent law?

The difficulty lies in the fact that the law sets out a non-exhaustive list of objects that do not constitute inventions, including: "mathematical methods", "aesthetic creations", "methods for carrying out intellectual activities, games or economic activities", "presentations of information" and "computer programs".

However, case law has established a strict interpretation of this list. Thus, the presence of technical character prevails over exclusions: any object or activity possessing a technical character can be patented, even if this object or activity apparently relates to or includes an element of the list. Thus, the legal exclusion only concerns computer programs that are not of a technical nature.

This interpretation is based on the observation that the use of computer programs and programmed devices has become widespread in many...