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.
