The European Commission (EC) has denied that computer programs will be patentable under upcoming Community Patent legislation.

Anti-patent campaigners had feared that attempts to harmonise European patent legislation by basing the forthcoming Community Patent law on the case history of the European Patent Office (EPO) would effectively legalise software patents "by the back door". The EPO has previously granted software patents and this could be a precedent for future software patent applications, they said.

But in a response to a question from a Polish MEP, the EC last month issued a statement claiming that the draft community patent legislation confirms " patents granted for a subject matter (such as computer programs), which it excluded from patentability pursuant to Article 52 European Patent Convention, may be invalidated in a relevant court proceeding".

Rufus Pollock of anti-software patent lobby group Foundation for a Free Information Infrastructure (FFII) said he was encouraged by the EC’s response, which was in line with MEPs rejection of software patents last year. But he added that the FFII was "not about to count its chickens".

"This statement doesn't actually bind the EC to this course of action," Pollock said. "We now want to see this latest stance confirmed in the new legislation."

Many firms have opposed attempts to allow US style software patents in Europe, claiming such patents stifle innovation and competition, and ultimately lead to higher prices. However, advocates of patents have argued they are necessary to protect intellectual property and therefore encourage more investment in research and development.