Software Inventions Remain Patentable in Europe

On 6th July 2005, the European Parliament demonstrated their support for the European software industry by rejecting attempts to remove patent protection for software inventions in Europe. This is not a rejection of software patents by the European Parliament, but a rejection of the position taken by opponents to patent protection for software inventions. By overwhelmingly rejecting the proposed directive on the Patentability of Computer Implemented Inventions the European Parliament ensured that the many damaging amendments to the directive which would reduce the scope of patent protection afforded to software inventions could not be made. Those opposed to software patents found themselves having to vote to reject the directive for fear that they would be unable to summon enough votes for their amendments to limit the scope of protection afforded to software patents in the directive. Those in favour of software patents found rejection of the directive the safest way to maintain the status quo, and the patentability of software inventions in Europe.

The proposed directive was intended to harmonise the differing interpretation of patent law concerning software inventions in member states in accordance with the practice established by the European Patent Office and to clarify the scope of patent protection afforded to software inventions. However, those opposed to patent protection for software inventions hijacked the directive and saw it as an opportunity to reduce the scope of protection for software inventions in Europe. Opponents of software patents proposed a multitude of amendments to the directive which were designed to weaken patent protection for software inventions in Europe. There has been intense lobbying and frantic activity in the last few days on both sides of the debate, culminating in demonstrators against software patents at the gates of the European Parliament in Strasbourg, a pleasure boat bearing a banner urging support for software patents on the Ill river adjacent the parliament building and opponents of software patents circling the boat in hired canoes bearing banners claiming software patents kill innovation. Entertaining though these antics are, the important message should not be overlooked.

Patents are still available in Europe for software inventions.

The July 6th rejection merely means that there is no formal harmonisation across the European Union in this area of patent law, and that the current practices of the European Patent Office and the EU member states are maintained. Patent protection is, as it always has been, available for software inventions in Europe.

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If you would like further information on any
issue discussed in this Alert, please contact the
Mintz Levin lawyer who ordinarily handles your legal affairs,
or Julian Potter (+44 (0) 20 7776 7322 / julianpotter@mintz.com) or
Mark Milhench (+44 (0) 20 7776 7320 / mmilhench@mintz.com), lawyers in our London office who have been closely
following the EP’s software patent deliberations.

Copyright © 2005 Dr. Julian M. Potter and Mintz, Levin, Cohn, Ferris, Glovsky and Popeo Intellectual Property LLP.

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