International Law

What is Software?

By Karl-Friedrich Lenz

When discussing the scope of the patentability exclusion “programs for computers” in Article 52 EPC, it might be of interest to take a look at the definitions in Regulation 428/2009 published in the Official Journal L 134 on 29 May 2009 on the control of dual-use items.

That regulation defines software as:

“means a collection of one or more programmes or ?microprogrammes? fixed in any tangible medium of expression.

N.B.:

?Microprogramme? means a sequence of elementary instructions, maintained in a special storage, the execution of which is initiated by the introduction of its reference instruction into an instruction register.”

In turn, “Programme” means

“a sequence of instructions to carry out a process in, or convertible into, a form executable by an electronic computer.”

These are reasonable definitions. You won’t find international export control law excepting one class of software because it is designed to run on a computer, or another class because it produces some mystery “further technical effect”. In international export control law, people seem to have no problems with understanding the concept of software.

Full post as published by Lenz Blog on May 29, 2009 (boomark / email).