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.”
