Are Computer Programs And Business Methods Patentable Under European Patent Law? (Part I)

Although the United States Patent and Trademark Office generally accepts computer programs and business methods as patentable subject under US patent law, its counterpart the European Patent Office (the "EPO") holds a very different view.

With the rapid development of computer and information technology, many computer programs and business methods have been invented so that the business transactions can be implemented by software programs, reducing human labour, for example, automatic billing system and pension benefit system. The EPO has clarified the situation with respect to inventions in computer programs or business methods in some recent appeal cases.

According to Article 52(1) of the European Patent Convention (the "EPC"), "European patents shall be granted for any inventions which are susceptible of industrial application, which are new and involve an inventive step." However, Articles 52(2) and 3 EPC explicitly exclude "business method" and "computer