Out-Law / Your Daily Need-To-Know

According to a report by news site ZDNet UK, the European Commission is split over the question of whether or not to open the door to software patents. A public consultation on the matter ended on 15th December and a draft Directive is due to be drafted this month following publication of the results.

In ZDNet’s report on Friday, an unnamed source is quoted as saying that the draft Directive may be delayed because of internal differences of opinion. The Commission Directorate responsible for Internal Markets is said to be in favour of extending software patenting to cover basic business processes. However, the Directorate for Competition is said to be opposed, citing anti-competitive concerns.

The draft Directive will determine the level of harmonisation. Many observers expect a liberalisation of the patenting rules for software, which can already be patented in Europe in certain circumstances. Some are hoping that the Commission will go further and open the door to the patenting of business methods, such as Amazon.com’s controversial 1-Click shopping patent.

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