The BSA’s influential members include Adobe, Apple, Compaq, Dell, IBM, Intel, Microsoft and many others. In a statement it said that it believes that the current practice of the European Patent Office (EPO) is a suitable benchmark for harmonisation in the European Union.
The EPO regards software as patentable where it has a “technical effect.” However, the BSA commented: “Unfortunately, the Directive adopted by the Commission departs from the current EPO practice by excluding software and limiting patent protections to computers.”
Francisco Mingorance, Director of Public Policy, BSA Europe said:
"So far the EPO has granted over 25,000 patents or software-implemented inventions. Several European Member States, including the UK and Germany, have been extending patent protections to software programs. The commission proposal is a step backwards in the European practice."
The BSA also pointed out that, contrary to some recent media reports, it was “in no way involved in the drafting of the EU Commission Proposal. In fact, BSA believes that more dialogue is required on this issue, and we hope that the European Commission will eventually embrace the current EPO practice.”