Commission looks into software patent issue
The European Commission has launched a call for feedback on the Internet from all sectors concerned with the issue of patenting computer software. The consultation is designed to clarify whether patenting helps to enhance or discourage innovation. The Commission aims to find a solution that will both encourage innovation while providing safeguards ensuring adequate competition. The call comes against a background of demands from some sectors of industry calling for patent clarity in order to foster what they claim would be an innovative environment for companies. Balanced against this is the claim that SMEs (small and medium sized enterprises) would suffer if there were to be less freely available software. The Commission recognised in a communication of February 1999 that there was a need for greater clarity on the issue and this call for feedback is intended to give everyone an opportunity to have a say before a decision is made. The confusion on the issue is demonstrated by the fact that computer programmes 'per se' are not eligible for patenting. Yet the European patent office (EPO) has overseen patenting of inventions which use computer programmes. Feedback on the issue can be given at the URL below until 15 December.