EU: EPO considers relaxing software patent rules

(01/02/2010)

The European Patent Office is considering whether to redefine the criteria for patenting software inventions.

Under current EPO rules, certain types of inventions are not patentable, even if they are new and inventive. These include software inventions that do not solve a technical problem.

The issue of how the requirement of technical aspect of a software invention should be interpreted has been the subject of much discussion for many years, not least because a different definition applies in the US enabling patents on software inventions to be obtained.

The EPO’s Enlarged Board of Appeal is due to consider a referral (G3/08) on this issue. A number of interested parties, including [key industry bodies], have made their views known to the EPO in the hope of influencing its decision.

If the EPO decides to adopt a strict policy of examination, many filings for software patents will not succeed. If it decides to lower the requirements, we can expect a significant increase in European software patent filings.