The subject matter of this paper is focused on software inventions, which emerged in the practice
of European Patent Office under the umbrella of “computer program having a technical
character”. This concept is built without a proper definition of “computer program” and remains
insufficiently researched. However, such patents are already granted. The main questions
examined in the paper include the following:
• What does Article 52 of the European Patent Convention understand under unpatentable
“programs for computers as such”?
• Are there any elements in a computer program that are not excluded by Article 52 and
thus can qualify as inventions?
• What is the role and the meaning of “further technical effect” that must be produced by
a computer program in order to be patentable?