Abstract:
The patentability of computer software is at the European and the national level under a controversial discussion, which in the present paper is analyzed in view of their economic legitimation. The article describes the characteristics of 'software' and indicates the implication that emanate from patent legitimation theories' application. As a result, modifications are described for a software-specific configuaration of software protection offered by patents, which ensure their innovations stimulating character. At the same time, the explained proposals contribute both to a reduction of the existing information asymmetries between patent holder and society as well as to improve software security and quality.(Original text only available in german language)