IT developments could be stifled by a blizzard of legal action if European policy on granting patents for software is changed.

Changes could force firms into costly legal action to protect their systems from wrongly awarded patents, according to James Marshall, a partner with law firm Taylor Joynson Garrett.

Software cannot currently be patented in Europe because copyright is deemed to give developers enough protection. But US policy has moved towards granting software patents, and the European Union is considering the move.

"Someone could persuade the Patent Office that they have an innovation - but that may not be the case," said Marshall.

Patent Offices might not be able to carry out all the research to find if there is genuine innovation in every patent, he said. "There is a substantial concern that there will be scope for obtaining bad patents. Patents that are bad could inhibit companies from using systems that have been in place for some time."

There would be a big increase in the number of applications from European and US companies if patents are extended to software, added Marshall.

The Computing Services and Software Association is in favour of extending patents to certain types of software that provide "business method innovations" because small and medium-sized businesses aren't using patents to protect their intellectual property.

The Department of Trade and Industry launched a public consultation last week.

First published in Computing