06 August 2011

Status of Amazon’s Controversial One-Click Patent in Europe and Elsewhere

In a new article titled "Amazon’s One-Click Patent in Europe and Elsewhere" on the ksnh::law blog, I provide a detailled update of an earlier survey on the legal status of Amazon's 1-click patens in important patent jurisdictions. The focus, however, lies on the four parallel EP applications filed, especially on  EP 0 927 945 A2 and EP 1 134 680 A1 which both went through appeal proceedings and nicely illustrate the EPO's approach towards examining software-related inventions.

As a conclusion, it again appears that the European approach towards software-inventions is quite pragmatic and appropriate as compared e.g. to the US or Australian approaches, given the common European doctrine to exclude "computer programs as such" from patentability, i.e. algorithms, computational schemes or the like having no capacity to solve a concrete technical problem, as required by Art. 52 EPC.

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