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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Are computer programs patentable?
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Bibliography
Guidelines for examination at the European Patent Office, 11-2016, EPO
Grant procedure, Patent and utility certificate guidelines, 5-2016, INPI
"In court – After Bilski", R. Randall Rader, WIPO Magazine , 12-2010
"Alice v/ CLS Bank: the Supreme Court of the United States of America establishes a general...
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As a self-financed public institution under the supervision of the French Ministry of Industrial Property, INPI plays an active role in the development and implementation of public policies in the field of intellectual property, in support of innovation and business competitiveness, and in the fight against counterfeiting.
Regulations
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Code de la propriété intellectuelle
article L. 611-10;
article L. 611-16 10
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