Software patent motion thrown out by Brussels

Anti-patent lobby claims victory as European Parliament rejects wider granting of patents

Campaigners against software patents are claiming a victory after the European Parliament rejected proposals to allow wider granting of patents.

The proposal, which had been included as a resolution on the EU's Lisbon Agenda for innovation and economic policy, called for patents granted in one European country to be recognised by all other countries in the EU.

This was the latest in a line of proposals backed by lobbyists who claimed it would harmonise European patent law and reduce bureaucracy by allowing firms to better protect their intellectual property without having to apply for different patents in different European countries.

However, campaigners said such a law would provide a "back door" for software patents by allowing firms to "shop around" for countries most likely to grant software patents, and then force those to be recognised across the EU.

Florian Mueller, founder of NoSoftwarePatents.com, said software patents would stifle innovation among smaller software vendors and open-source developers. "The sheer quantity of software patents held by larger vendors would prove a barrier to entry in their markets… ultimately leading to higher prices and less innovation," he added.

Despite the latest victory, Rufus Pollock, UK director of the Foundation for a Free Information Infrastructure (FFII), expressed concern that legislation enabling software patents could still be promoted. He said in a statement that firms worried about the prospect of software patents should register their opinions in the EU's consultation questionnaire before this week's deadline. The questionnaire is available here.