Are computer programs patentable?
Scientific theory, marketing methods, software... What can be protected?
Practical sheet REF: FIC1616 V1
Are computer programs patentable?
Scientific theory, marketing methods, software... What can be protected?

Author : Virginie BRUNOT

Publication date: July 10, 2017 | Lire en français

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4. Are computer programs patentable?

Although software and computer programs belong to the field of technology, they are considered as intellectual works protected by copyright and are excluded from patentable inventions (article L. 611-10 of Code de la propriété intellectuelle and article 52 of Convention sur le brevet européen – CBE ).

The patent application for a computer program will therefore be rejected.

However, as with the other exceptions to patentability, it remains possible to circumvent the scope of the exclusion by demonstrating the existence of an "additional technical effect going beyond the normal...

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