A European Parliament committee has approved a much-delayed legislative proposal that creates a single way of patenting software innovations throughout the European Union. The committee voted down amendments that would have made it more difficult for companies to win patent protection for software-related inventions.
The approach adopted will bring the law of EU member states closer in line with other successful IT sectors such as the US, Japan and Australia. It is hoped the directive will result in an increase in research and development throughout the European Union in the high-technology sector. It is thought the stability and strength of the unified approach will serve to bolster confidence that such research and development efforts will be rewarded.
In contrast to Australian and US patent law, the bill does not allow patents for business methods or “pure” software per se. It allows patents for high-tech inventions that use software to achieve their technical contribution.
While the European Patent Office has granted over 30,000 software-related patents since its inception, these granted rights must be pursued under each national body of law. The directive aims to create a single market in Europe, and allows patent applicants to avoid dealing with the differing respective national legislation in order to enforce their rights.
In its last session before the summer break, which will last from the 4th - 7th July 2005, the European Parliament will vote on the report adopted by the Legal Affairs Committee. The Parliament has so far widely followed the committee's recommendations.
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