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ARTICLE · 08 JANUARY 2003

Software Patents in Europe

McDermott Will & Emery
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United StatesIntellectual Property
Justin Hill, Ph.D.
Justin Hill, Ph.D.
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November 2002 saw progress but still no agreement on the correct level of patent protection for software in Europe. As many readers will know, the current European Patent Office (EPO) Proposed Directive on Computer Implemented Inventions was drafted after a lengthy consultation process taking into account the opinions of all sections of industry, academia, interested institutions and professional bodies. The aim of the proposed directive is to clarify the level of protection available for computer implemented inventions, particularly software, and to ensure that it is harmonised throughout Europe.Supporters of open source software, who either wanted no protection at all or a considerable reduction from present levels, dominated responses to the draft received from individuals. Some commentators believe that a well-organised open source lobby overwhelmed the largely e-mail-based consultation process.

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