
Logic Patents > Reviews > EuroParl 03-09-24 > Amendments > JURI > Publish > Sample Text > Various Limits
Sample Text	Disclosure	Various Limits

Limits of use of the patent

Some amendments say that the scope of validity of a patent is limited to what is written in the claims -- as if this needed to be said. Most of these amendments are unrelated to computer programs, do not clarify anything that needs to be clarified by this directive and merely repeat existing laws.

Amendment 139

submitted by:: Evelin Lichtenberger, Monica Frassoni
provision:: art 5 par 2 b nov
language:: English
recommendation:: -

amendment
	Member States shall ensure that the use of a computer program for purposes that do not belong to the scope of the patent cannot constitute a direct or indirect patent infringement.
justification
Only inventions can be patented.

Critique

A meaningless provision. This directive can not regulate how courts should interpret patent claims, and interpretation of patent claims is not a problem that needs to be regulated.

Amendment 142

submitted by:: Piia-Noora Kauppi
provision:: art 5 b nov
language:: English

amendment
	Limitation of the effects of a patent The rights conferred by patents for inventions within the scope of this Directive shall not extend to: acts done privately and for non-commercial purposes, acts done for experimental purposes relating to the subject-matter of the patented invention, including non-commercial academic and research use.
justification
This proposal establishes that certain acts can be carried out safely with the peace of mind that they do not constitute patent infringement. In particular this applies to acts done privately or for experimental purposes, as long as they are not done commercially. Likewise academic and research use is immune if non-commercial.