Despite calls to introduce pure computer software patents in the UK, many observers will be encouraged to see the UK Intellectual Property Office (IPO) appealing the recent Symbian court decision (Confusion reigns on software patents). It is worth reflecting on the importance of this move.

Judging from the US, where pure computer software patents can be granted, the evidence of success in
extending patent law in this field is mixed. The software industry in the US grew exponentially without pure software patents, suggesting they are not necessary to promote innovation and, rather than acting as an incentive, prevent competitors from developing in a similar field.

Extending patent law in this case is widely recognised as unworkable, particularly in a field where
innovation is usually accomplished in increments too small to be viewed as inventive steps, and where freelance businesses use the free and automatic protection of copyright protection.

Introducing pure software patents could raise the costs for small software developers to mitigate against risks surrounding research and development, thereby inflating the capital needs of  software development.

The government-commissioned Gowers Review of Intellectual Property agreed with this position, and recommended that changes in the current position on pure software patents, business method patents and gene patents should only be  made in light of economic evidence that they would enhance innovation to offset the considerable costs.

Many commercial and  individual software developers are glad the UK IPO is  taking a stand to listen to all interests in our industry, not merely vested practitioners.

Laura Creighton
Foundation for a Free Information Infrastructure
www.ffii.org
Shareholder Report
www.reportlab.org

Pieter Hintjens
Director Imatix Ltd
www.imatix.com
General Secretary European Software Market Association (ESOMA)
www.esoma.org

Aidan Maguire,
Director Blue Fountain Systems
www.bluefountain.com