The "computer-implemented inventions" covered by the draft
Directive are described as devices like mobile phones, intelligent
household appliances, engine control devices, machine tools and
computer programme related inventions. But concerns have been
raised that the wording opens the door too wide on patentability of
software.
The parliamentary debate has already been cancelled twice as
drafters try to ensure that the proposed legislation will not
introduce US-style software patents into Europe. In the US, critics
argue, innovation is stifled and small businesses put out of
operation by a "land-grab" for software patents that favours large
companies.
Demonstrations and fierce lobbying have led Arlene McCarthy, UK
Labour MEP and the leader of the European Parliament's legal
affairs committee, which is reporting to Parliament on the draft
Directive, to state that she had never been treated so aggressively
over her years as an MEP as she has in the preparation of this
report.
She argued in Parliament that the report was not about the
introduction of a new patent law, the patenting of software, or the
extension of the scope of patents. It concerned the limiting of
patents to certain implemented inventions.
The vote is due to take place at midday today.