Is it possible to patent computer software?

The European Patent Convention has a provision preventing the patenting of some types of computer software. However, the majority of computer implemented inventions are not affected by this provision. In recent years, around 6.5% of the patent applications filed at the European Patent Office relate to computer software. Only a small proportion of these application receive an objection that they represent inherently unpatentable computer software. Some other jurisdictions, notably the United States, allow the patenting of a still broader range of computer software.

We have considerable experience of advising on the patentability of specific computer implemented inventions and preparing new patent applications in fields ranging from technically simple dotcom concepts through to complex inventions in secure data transfer, mobile communications, imaging, simulation, EDA and statistical processing.

If you would like to learn more about the current legal tests for assessing the patentability of computer implemented inventions in Europe, our article, Hitachi Auction Method, discusses a recent example of how the European Patent Office determine the patentability of inventions involving computer software. The UK Intellectual Property Office have changed their approach to determining the patentability of computer software (and business method) inventions from 29 July 2005 (see UK Intellectual Property Office press release). An article on the new test will follow shortly.