Abstract
In Slovenia, there is no legal basis for computer-implemented inventions, and in the European Union (EU) such inventions are not yet clearly defined. Over the last twenty years there have been many heated debates in the EU arena concerning a single legal instrument, but a final solution remains elusive. In Slovenia and the EU, legal protection of computer-implemented inventions thus remains on thin ice: there are certain non-obvious combinations for obtaining a patent, but ultimately the decisive factor may as well be how the patent application is written. This status quo therefore necessitates an examination of this field: to arrive at a legal basis that would regulate the patenting of computer-implemented inventions it is necessary to identify and address the most critical points. This paper deals with this issue. It starts by presenting examples of computer-implemented inventions, followed by an overview of the state of play – the status quo concerning legal protection in Slovenia and the EU. This paper also provides an overview of copyright as a legal basis for computer programs, which is the same in Slovenia and in the EU. Copyright is not exclusive, as computer programs are often also protected as trade secrets and as know-how.
Highlights
After Slovenia joined the European Union (EU), adopted the euro, and entered the Organisation for Economic Cooperation and Development (OECD), its integration into the European arena drastically improved, as did its international competitiveness
The focus is on the status quo in this field, in Slovenia and the EU, whereby we explore the possible ways of securing legal protection for computerimplemented inventions with the current legal instruments, in particular when such inventions can be patented and when they can be copyrighted
Programs for computers are as such explicitly excluded from patentability (at least at the European Patent Office (EPO)), a product or a method that is of a technical nature, i.e. it produces a further effect beyond the normal functional interaction of a program and computer, may be patentable, even if the claimed subject matter defines or at least involves a computer program [9]
Summary
After Slovenia joined the European Union (EU), adopted the euro, and entered the Organisation for Economic Cooperation and Development (OECD), its integration into the European arena drastically improved, as did its international competitiveness. Patents and all other intellectual property rights are the pillars of any innovation system and provide instrumental support in the development of technology and in the growth of national economies [6]. To a large extent, the reasons lie elsewhere – perhaps in the poor understanding of certain exemptions that apply in granting patent protection to computer-implemented inventions. This status quo necessitates an analysis of this field and requires that the most critical points be identified and addressed in trying to create a legal basis for the patenting of computer-implemented inventions in Slovenia and the EU. We highlight the open issues that should inform future work, in particular in the context of how and where technology transfer offices (TTO) can help accelerate the adoption of such legal instruments and improve their clarity
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