Brussels, 19/02/2002 (Agence Europe) - On Tuesday, the European Commission is expected to adopt (by written procedure) a proposal on the patentability of computer software. Establishing a compromise between the major software producers (with Microsoft in the lead, which hoped for an extended patent) and the defenders of free access to software along the lines of the Linux system, the proposal will allow new applications arising from a software to be patented, but not the software itself.
Long requested by the software industry, this proposal should clarify existing rules in the context of the Convention of the European Patents Office in Munich, by avoiding divergent interpretation. It is based on the jurisprudence of the Patents Office. It will complete the Directive 91/250 of May 1991 on the protection of copyright on computer programmes.
Philippe Wacker, Secretary General of the European Multimedia Forum representing companies using software, the Commission proposal achieves a balance between the functional aspect and the creative aspect of software. On one side, he says, intellectual property rules must take account of the creative part of the software, while, on the other, if the scope of the patent were broader, it could reduce market competition. For users, the interest of having a Community legislation is to prevent "balkanisation" of software intellectual property rules that divide the internal market, added Mr Wacker. The representatives of major computer firms should, however, receive this patent, which is less restrictive than the US system, with reserve.