EPO コンピュータプログラムの特許性

最近のEnlarged Board of Appeal (EBoA)による決定は、EPCに照らしてコンピュータプログラムが特許性を有するかどうかということをを曖昧にしている。EPO President Alison Brimelowはそれゆえこの件に関し、EBoAに対し言及し多数の質問を投げかけている。

President of the EPO asks for clarification of exclusion
（質問）
質問1.
Can a computer program only be excluded as a computer program as such if it is explicitly claimed as a computer program?
質問2.
(A) Can a claim in the area of computer programs avoid exclusion under Art. 52(2)(c) and (3) merely by explicitly mentioning the use of a computer or a computer-readable data storage medium?
(B) If question 2(A) is answered in the negative, is a further technical effect necessary to avoid exclusion, said effect going beyond those effects inherent in the use of a computer or data storage medium to respectively execute or store a computer program?
質問3.
(A) Must a claimed feature cause a technical effect on a physical entity in the real world in order to contribute to the technical character of the claim?
(B) If question 3(A) is answered in the positive, is it sufficient that the physical entity be an unspecified computer?
(C) If question 3(A) is answered in the negative, can features contribute to the technical character of the claim if the only effects to which they contribute are independent of any particular hardware that may be used?
質問4.
(A) Does the activity of programming a computer necessarily involve technical considerations?
(B) If question 4(A) is answered in the positive, do all features resulting from programming thus contribute to the technical character of a claim?
(C) If question 4(A) is answered in the negative, can features resulting from programming contribute to the technical character of a claim only when they contribute to a further technical effect when the program is executed?

（参考：IPKat）