EU takes step closer to software patents

A vote last night by the EU Legal Affairs Committee has left campaigners furious over loopholes left in proposed legislation that could open the door to overly restrictive software patents.

Critics fear that the draft directive due to go before the European Parliament would give larger companies the ability to collect patents on software processes. They also warn that firms could use the rules to stifle innovation in the field.

Supporters of the legislation claim that it would encourage software development by allowing companies to better protect their intellectual property.

"The vote is a major blow to small and medium sized enterprises, and the conservatives and liberals were definitely aware of what they were doing," said Eva Lichtenberger, Austrian Green Party member of the committee.

"In some amendments they favoured creating a fund and a committee to help SMEs threatened by patent litigation. This is a bit like wounding someone, but giving them painkillers afterwards."

The vote of the British Liberal Democrat MEP Diana Wallis for the legislation has puzzled many, given her party's opposition to the draft law as it stands. She told vnunet.com that she will be releasing a statement on her conduct later today.

The legislation has had a troubled road through the European decision-making bodies. The original legislation was approved by the Council in March but was sent back by the European Parliament with significant alterations.

"While the idea of software patentability is gaining ground, mostly via very hard lobbying at government level, there is no guarantee that the European Parliament will change its mind this time," said Laurent Lachal, senior analyst at Ovum.

"The real issue is as much patentability itself as it is the consistency and quality of the patent granting process. European politicians should keep that in mind when fighting their next software patent battle, whichever side they choose to take."

The directive has caused heated disagreement between open source and small software companies which fear being strangled, but is supported by big business and some UK politicians.