THE RETURN OF THE EUROPEAN SOFTWARE PATENT DIRECTIVE

The Register reports that the Council of Ministers has passed the European Software Patent Directive, stripping out all of the amendments made to it by the European Parliament last September. The European Parliament’s version limited the scope of what could be patented to software that supported new physical processes. However, the Council’s draft allows for direct software patentability of computer programs, data structures and process descriptions. It is argued that there are 3 main “sticking points” with the new version: (1) there is no definition of what counts as a technical contribution (computer programs must make a technical contribution to be considered inventive); (2) the issue of the need to ensure interoperability is not dealt with and (3) program claims will be allowed, which will mean that supplying patented code will also be an infringement of the patent, rather than just running it on a computer. However, Jeremy Philpott of the UK Patent Office has said that the new version will not lead to more computer programs becoming patentable. “…There will be no change to UK law. The whole point was that what is patentable today, will be patentable tomorrow, and what is not patentable today will still not be patentable tomorrow” he said.



The IPKat is watching the continued passage with interest. Subject to any last-minute hitches, the draft should be formally passed by the Council of Ministers on 17 May, following which it will return to the European Parliament for a second reading.



Software patents; history, examples and opposition

Softwear here and here