EU Parliament Passes Proposed European Software Directive

After making numerous amendments, the European Parliament on September 24th passed a resolution for a proposed directive to harmonize rules on software-related patents in its member states. entitled Directive on the Patentability of Computer-Implemented Inventions.   Initially drafted by the EU Commission, its aim is to provide clear guidance on what software-related subject matter may be patentable.   Under the proposed Directive, in order for a computer-implemented invention to be patentable, it must make a technical contribution to the state of the art.   An invention will not make a technical contribution merely because it involves the use of a computer, network or other programmable apparatus.   The invention may only be claimed in the patent as a product or a technical production process using hardware under the control of software. Some EU member states currently disallow patentability of inventions directed to software and business processes.   Under the European Patent Convention, methods for doing business and programs for computers, as such, are not regarded as patentable subject matter. The proposed Directive is intended to address the predicament faced by an owner of a patent granted by the European Patent Office when the patent cannot be subsequently validated in such states (and become an enforceable domestic patent) due to national rules. The proposed Directive, as amended by the Parliament, now returns for further consideration to the Commission, which has already signalled disapproval of the amendments. The Commission may exercise its discretion to withdraw the proposed Directive from the legislative process altogether and initiate renegotiation of the European Patent Convention towards the same end. Whatever procedural steps are taken, EU member states will eventually be obliged to adopt a common line concerning software-related inventions. For a copy of the consolidated Directive, see: http://swpat.ffii.org/papers/eubsa-swpat0202/plen0309/resu/index.en.html. The Commission's proposed Directive and the version passed by the Parliament are available at: http://makeashorterlink.com/?W3FB61726. For another report, see: http://news.com.com/2100-1028-5081974.html. Summary by: Peter K. Wang