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.
