Eu
On March 19, 1998, oral proceedings took place before the Board of Appeal of the European Patent Office during which the patentability of software and computer programs was discussed.
On February 4, 1999, the Board of Appeal came to the decision that a "computer program product" could be protected by a granted patent provided that it meets the usual requirements of the European Patent Convention (i.e. novelty, inventive step, industrial application, sufficiency of disclosure, clarity, etc.).
In the present case, a technical " character" or the solution to a technical problem would be sufficient in order not to exclude a program or a software from the patentability according to Article 52 (3).
Article 52- Patentable Inventions:
1. European patents shall be granted for any inventions which are susceptible of industrial application, which are new and which involve an inventive step.
2. The following in particular shall not be regarded as inventions within the meaning of paragraph 1:
a. discoveries, scientific theories and mathematical methods;
b. aesthetic creations;
c. schemes, rules and methods for performing mental acts, playing games or doing business and programs for computers;
d. presentations of information.
3. The provisions of paragraph 2 shall exclude patentability of the subject-matter or activities referred to in that provision only to the extent to which a European patent application or European patent relates to such subject-matter or activities as such.
OAPI
It is possible to extend titles to Guinea Bissau, Guinea (Conakry) and Mali within an 18-months delay as from the signing of the above regulations (December 4, 1998).
The applications for extensions must consequently be filed up to June 4, 2000 at the latest.