British software companies are becoming increasingly aware of the need to protect their market position and value by obtaining patent protection for their key software products. As the market for private and public equity funding becomes more competitive, investors will look out for companies with clear intellectual property protection programmes that include software patent protection. Providing exclusive rights to an invention, the idea itself, a patent offers a valuable monopoly to the creator separate from the protection of copyright, which covers only the expression of an idea.
Whilst traditionally software products have not per se been protectable through patent law, a change is now seen in the new and more flexible approach being taken by the European and UK Patent Offices. The Patent Office shows no sign of reversing this trend following the commencement of an important and broad consultation process that has just begun, the deadline for responses to which is 15th December
