There is almost nothing in the Patent Cooperation Treaty that relates to software patents. The only relevant provision can be found in the Implementing Regulations under the Patent Cooperation Treaty, in which Rule 67.1 PCT states that
- "No International Preliminary Examining Authority shall be required to carry out an international preliminary examination on an international application if, and to the extent to which, its subject matter is any of the following:
- (...)
- vi) computer programs to the extent that the International Preliminary Examining Authority is not equipped to carry out an international preliminary examination concerning such programs."
However, this Rule has no consequence whatsoever as regards the patentability in national or regional patent offices designated in a PCT applications, as they have to draw their own conclusions based on their own national or regional patent law (the four regional patent offices are the European Patent Office or EPO, the Eurasian Patent Office or EAPO, the African Intellectual Property Organization or OAPI and the African Regional Industrial Property Organization or ARIPO).
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