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.
- submitted by:
- Evelin Lichtenberger, Monica Frassoni
- art 5 par 2 b nov
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.
|Only inventions can be patented.|
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.
- submitted by:
- Piia-Noora Kauppi
- art 5 b nov
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.
|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.|
english version 2005-03-20 by Hartmut PILCH