Software-Related Patents:
Italy
copyright 1997 Donald M. Cameron , Aird & Berlis
Contents
Statutes
Article 12 of the Italian Patent Law (Law No. 1127 of June 29, 1939 as amended by the June 22, 1979 Presidential Decree No. 388) implements article 52 of the EPC by providing that computer programs are not patentable as such.
Regulations
The Italian Patent Office has issued a Guideline Regarding the Patentability of
Computer Software.
Case Law
There have not been any decisions rendered by the Italian Courts regarding the patentability of computer software since the passing of a new law bringing software protection under Copyright Law (Law No. 518 of December 29, 1992).
Supreme Court (Civil Section) case number 3169 dated May 14, 1981 held that an invention that was a combination of computer software and another element gave rise to a valid combination invention.
In Imp. Pompa v. Siae, Supreme Court (criminal section) dated November 24, 1986, the Court held that video games were non-patentable subject matter.
In two decisions, the Patent Office Board of Appeal held on June 15, 1986 that computer software which was a applied to a technological process should not be considered as a computer program as such. If a computer program has an industrial application (for example, a technological process) patent protection is likely available.
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