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Why are such programs not patentable in Europe?
      The EPO does not grant patents for computer programs or computer-implemented business methods that make no technical contribution. Programs for computers as such are excluded from patentability by virtue of Art. 52(2)(c) and (3) EPC. According to this patent law, a program for a computer is not patentable if it does not have the potential to cause a "further technical effect" which must go beyond the inherent technical interactions between hardware and software.
       On the other hand, a CII (even in the form of a computer program) that can provide this further technical effect can be patentable, subject to the other patentability requirements, such as novelty and inventive step. In this case, it would be recognised as providing a technical solution to a technical problem.
       What does this mean in practice?
       Let us demonstrate the effects of CII legislation with some real-life cases. The truth of the matter is this: Inventions that use computer programs to provide a business process - not a technical process - are not patentable.
      A patent application for an Internet auction system was not granted because the system used conventional computer technology and computer networks - which meant it made no inventive technical contribution to the level of existing technology. Such a system may provide business advancement to its users, but that is not the type of advancement required by the EPO.
       On the flip side, the problem of improving signal strengths between mobile phones is a technical problem, even if it is solved by modifications to the phone software rather than its hardware. Such an invention would obtain a patent, provided that the solution is also novel and inventive.
        In this respect, the granting practice of the EPO differs significantly from that of the United States Patent and Trademark Office (USPTO), where patent protection for software is granted, even if it does not solve a technical problem.