A committee of the European Parliament gave strong backing on Tuesday to proposed rules for the patentability of computer-implemented inventions which continue a ban on software programs "as such" and business method patents.

Computer-implemented inventions do not cover computer software programs as such. But it's difficult to draw the line between what is and is not eligible.

The Parliament's Legal Affairs Committee says that, in order to be patentable, a computerised invention should be one that could have an industrial application. It must also involve a technologically inventive step. This is the current position in law.

MEPs also argue that a computerised invention should not be regarded as making a technical contribution just because it involves the use of computer technology. In other words, they say that patents must not be allowed for every simple computer program.

While approving the general idea of patentability for computerised inventions, the committee adopted a range of amendments seeking to clarify and tighten up the wording of the European Commission's proposed Directive and at the same time strike a balance between MEPs' sharply differing views.

The committee's first-reading report, drafted by the UK's Arlene McCarthy MEP was adopted by 20 votes to 8 with 1 abstention.

The Commission is asked to produce a report at a future date on how the new Directive has been taken into account by the European Patent Office and also to assess whether the European Patent Convention might have to be revised.

Other amendments seek to protect the interests of SMEs, saying the Commission must monitor the impact on these firms of the patentability of computerised inventions.

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