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Germany

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Germany is part of the European union, is a signatory of the European patent Convention, and has significant case law regarding software of patent.

Contents

Case law

(Lake: Case law in Germany)

Germany has a mixed history of rejecting and, more recently, upholding software of patent. Germany is a signatory of the European patent Convention, thus this case law wants Be influential in fruit juice of Europe. In 2010, the Germany High Court (Federal Supreme Court) upheld a clever on in XML document formatting system (case Xa ZB 20/08) and one of Microsoft's FAT of patent (case X ZR 27/07).

Legislation

Patentable subject more weakly is defined by the below quoted part of this law: German original: Announcement of the revised version of the patent law, from the 16th of December, 1980 (English translations [?]: Google, bing translator)

(3) As inventions for the purposes of the paragraph 1 are not looked in particular:
1. Discoveries as well as scientific theories and mathematical methods;
2. aesthetic form creations;
3. Plans, rules and procedures for mental activities, for plays or for business activities as well as programmes for data-processing systems;
4. the reproduction of information.
(4) Paragraph 3 stands in the way of the patent ability only in this respect when is desired for the called objects or activities as such protection.

Possibly of interest is German original: German court ruling "7 O 145/09" (English translations [?]: Google, bing translator) which discusses Sec. 15 para 3 and Sec. 140a para 3 of the German patent Act, with info related to covenants to Sue.

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