Patentability of software inventions in Europe.

1. Introduction.

The question of the patentability of software works has been the subject of many doctrinal and practical disputes in recent years in the institutions of the European Community. The liberalization of scientific and legal views on the patentability of intangible goods logically led to the registration and ex post facto - judicial protection of patents for mathematical, educational and business methods, a trend that until recently was materially unthinkable, but received its breakthrough in the last thirty years. stimulated by some prominent (corporate) users of the patent system, as well as by new trends in the national patent offices themselves. In Europe, unlike other countries in the world (such as the United States), software patentability was effectively parried substantively, namely through Article 52, paragraph 2 of the European Patent Convention (EPC) [1] . This legal norm contains a comprehensive list of objects excluded from patentability, namely: discoveries, scientific theories and mathematical methods; schemes, rules and methods for performing mental operations, games or economic activity, as well as computer programs (as such).

Software patents. International regulations. Software attorney in Bulgaria.

The topic of software patents proved controversial and very interesting in modern times due to the intermingling of serious business interests with consumer rights and the authors of the software works that need protection . On the other hand the existing problems relates purely legal collisions occurring in existing contradiction between the doctrine and the overlap in that rule concerning the copyright regulations of the software as a literary work (according to Article 10 of the Berne Convention - see . Editing from 1971 . ) As opposed to Anglo-Saxon principle view that software can be fit proprietary , ie patentable . The text of Article 10 of the " Berne Convention for the Protection of Literary and Artistic Works " is explicitly enshrined rule that " computer programs , whether in source or object be protected as literary works under the Convention ." Several years later, in standard conditions, the World Intellectual Property Organization , published in 1978, reflected the definition of the term " computer program " as " a series of instructions that are embodied in a machine readable medium , so as to make the machine that has the ability to process information , to indicate execute and achieve a particular function , task or result." It can be considered that this is the definition and the notion of "software." This conclusion was reached because of the fact that the title of "generic terms of "World Intellectual Property Organization is the " protection of computer software." Background This leads me to the view that the international system of software patents has developed in different countries of the world with different dynamics , the concept of their legislative framework is in change . They range from the initial installation of the software as being fit first object of copyright and then patent law , to modern - think highly exaggerated argument that software as a success of the creative industries and science should not be " monopolized " by patents business and has become one of the free and free achievements of society.

1.Software patents in the Anglo -Saxon patent system. Patent law of the United Kingdom at present is entirely consistent with the meaning of " European Patent Convention" , in this sense, computer programs are beyond the scope of patentability requirements . Case law of England , however, argues that the alleged invention can be viewed as a patent only if it provides a real contribution , which is of a technical nature . Therefore, a computer program concerning concepts for business process can not be registered as an invention , but a computer program to implement the industrial process may be suitable object of patent law.

Artificial intelligence patents. Law practice. 

The topic of artificial intelligence is still not present in Bulgarian law as something normative and practical, which is on the legislative agenda in the 21st century, not only for technological and legal reasons, which undoubtedly determines the future of the innovative sector and through it the public, business and personal life of every modern person. The latest research on the subject in many of the world's advanced technology countries has shown that it is not far off the time when besides the afternoon chess game with some electronic device, artificial intelligence will be issued with instant visas, will be approved faster and secure (personal data - finger, face recognition) bank credits, national and cross-border (eg European) elections will be held and health services will be provided. Other studies have shown that artificial intelligence will replace many professions - lawyers, notaries, bailiffs, judges, revolutionize medical precision and monitoring, robotize our industry, services and lifestyle, thus putting new intellectual, philosophical and psychological challenges to everyday life and perhaps to the relationships between us - human beings. Realizing the inevitability of all this, many companies operating in different spheres of social and business life began to develop dynamic and focused inventions based entirely on artificial intelligence. Taking this into account, I want to pay close attention to this statement of these patents, driven by my belief that today's inventions in the area of ​​Artificial Intelligence (AI) are the basis of our more interesting tomorrow.

1.Historical development. Artificial Intelligence (AI) appeared in the 1950s, with the first mention of the term coming from a summer 1956 research project of Dartmouth College, New Hampshire, USA. A year earlier, in 1955, John McCarthy, a young assistant professor of mathematics at Dartmouth College, decided to organize a group for exploring and developing digital thinking machines. McCarthy selects the name "Artificial Intelligence" as a "new field" of scientific search. It presumes mostly neutral neutrality in order to avoid focusing on the narrow theory of automation and cybernetics, as already known achievements of analog technology. In early 1955, Mr. McCarthy turned to Robert Morrison, director of biological and medical research at the Rockefeller Foundation, to request funding for the Dartmouth summer seminar for about 10 mathematicians. On 2 September 1955, the project was officially presented to the board members under the notion of "artificial intellect".

The software patent. International and national regulation. 

The topic of software patents is proving to be a controversial and very interesting one in modern times, due to the intertwining of serious business interests with the rights of users and authors of software works that need protection. On the other hand, the problem refers to the existing purely legal collisions arising from the built contradiction between the European doctrine and the regime it advocates concerning the copyright regulation of software as a literary work (according to Article 10 of the Berne Convention - see 1971 version) in opposition to the Anglo-Saxon principled view that software can be a fit subject of industrial property, i.e. of patenting. The text of Article 10 of the "Berne Convention for the Protection of Literary and Artistic Works" expressly enshrines the rule that "computer programs, whether source or object, are protected as literary works under the Convention". A few years later, the World Intellectual Property Organization's Model Terms, published in 1978, reflected the definition of the phrase "computer program" as "a series of instructions that are embodied in a machine-readable medium so as to cause a machine having the capability of processing information to indicate, perform, and achieve a particular function, task, or result." This may also be considered to be the definition of the term 'software'.

We reach this conclusion because the title of the World Intellectual Property Organisation's 'Model Terms' is 'Protection of computer software'. This brief background leads me to the view that the international regulation of software patents has evolved in different countries of the world with different dynamics, with the concept of their legal regulation undergoing changes. These range from the original regulation of software as an existing eligible subject matter of first copyright and then patent law, to the contemporary - in my view highly exaggerated - thesis that software as an achievement of the creative industries and science should not be "monopolized" by business through patents, but should become one of the free and unpaid achievements of society.