Computer game fans might be interested to find out that Konami has been granted a European Patent for a new element of software which allows for the better control and graphical representation of players in a football video game.
The initial patent application for this innovation was refused by the European Patent Office. Konami then appealed to the Technical Board of Appeal, which decided that, though some of the elements of the application would not be allowed, the invention as a whole was patentable.
This successful application provides an illustration of the fact that inventions relating to software can be patentable, despite the general exclusion on the patentability of computer programs as such, set out in Article 52 of the European Patent Convention. Software developers may want to consider whether they could protect their intellectual property using patents.
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