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ARTICLE · 27 AUGUST 2015

The Murky Waters Of Software Patents

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Software patents have been the subject of much debate – not only in the US, but also in Europe. This has been a thorny issue for many years and the future of software patents still remains unknown.

European UnionIntellectual Property
Andrew Zammit
Andrew Zammit
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Software patents have been the subject of much debate – not only in the US, but also in Europe. This has been a thorny issue for many years and the future of software patents still remains unknown. At the outset, a breakdown of the differences between patents and copyrights will highlight why the patent is the form of intellectual property which is proving to be the most problematic with regards to software.

Patents v. Copyright

Copyright protects the expression of an idea, such as a literary work. Patent protects the invention and therefore the idea itself.  Copyright can prevent the total duplication of a software program, but it will not prevent the formation of a program that utilizes the same concepts as an existing program. This is where most issues arise.  In order for an invention to be eligible for a patent, certain essential requisites must be satisfied. There must be an "inventive step" and the invention must be novel. It must also be industrially

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