Out-Law News

European Patent Organisation votes against software patents


The European Patent Organisation (EPO) has voted against introducing a new convention that would have opened the door to software patents in Europe. At present, software is only patentable if it has a technical effect. The draft revision of the current European Patent Convention would have removed that qualification for applications to the EPO.

The issue is still being considered by the European Commission and the Department of Trade and Industry in the UK. If the European Commission decides in favour of liberalising the grant of software patents, the decision by the EPO could become unimportant.

Groups including the EuroLinux Alliance and the Association for the Promotion of a Free Informational Infrastructure declared Wednesday’s EPO decision a victory in their campaigns against software patents which they argue would stifle innovation. The opposing argument is that patents can stimulate innovation by providing adequate protection of the substantial amounts of money and resources that can be required to develop sophisticated and specific software.

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