The "computer-implemented inventions" covered by the draft Directive are described as devices like mobile phones, intelligent household appliances, engine control devices, machine tools and computer programme related inventions. But concerns have been raised that the wording opens the door too wide on patentability of software.
The parliamentary debate has already been cancelled twice as drafters try to ensure that the proposed legislation will not introduce US-style software patents into Europe. In the US, critics argue, innovation is stifled and small businesses put out of operation by a "land-grab" for software patents that favours large companies.
Demonstrations and fierce lobbying have led Arlene McCarthy, UK Labour MEP and the leader of the European Parliament's legal affairs committee, which is reporting to Parliament on the draft Directive, to state that she had never been treated so aggressively over her years as an MEP as she has in the preparation of this report.
She argued in Parliament that the report was not about the introduction of a new patent law, the patenting of software, or the extension of the scope of patents. It concerned the limiting of patents to certain implemented inventions.
The vote is due to take place at midday today.