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Software patents under the Patent Cooperation Treaty - Definition and Overview |
| Related Words: Accord, Advocacy, Affiliation, Affinity, Agreement, Alliance, Association, Auspices, Backup, Blessing, Cahoots, Chorus, Coherence, Coincidence, Collaboration, Collectivism |
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As to "software patents", there is almost nothing in the Patent Cooperation Treaty that relates to this subject. The only relevant provision can be found in the Implementing Regulations under the Patent Cooperation Treaty, in which Rule 67.1 PCT states that
- "No International Preliminary Examining Authority shall be required to carry out an international preliminary examination on an international application if, and to the extent to which, its subject matter is any of the following:
- (...)
- vi) computer programs to the extent that the International Preliminary Examining Authority is not equipped to carry out an international preliminary examination concerning such programs."
However, this Rule has no consequence whatsoever as regards the patentability in national or regional patent offices designated in a PCT applications, as they have to draw their own conclusions based on their own national or regional patent law.
Examples of regional patent offices are
- - the European Patent Office, working on the basis of the European Patent Convention
- - the Eurasian Patent Office, working on the basis of the Eurasian Patent Convention for several states that belonged to the former Soviet Union
- - the African Intellectual Property Organization (OAPI), working for for several french-speaking African countries
- - the African Regional Industrial Property Organization (ARIPO), working for for several english-speaking African countries
See also
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