UK Patent Office: Should Patents be Granted for Computer Software or Ways of Doing Business? – The Government’s Conclusions

“Many respondents emphasised the advantages of `Open Source’
software, and characterised patents as a threat. Some of these
expressly called for fewer, or no, software patents. Others focused
on the harm they felt software patents would do, implying that
their chief concern was a possible extension of patentability. Many
of the respondents who held these views were individuals, often
working in software development within SMEs or as one-man bands, or
in spare time….”

“The Government does not, however, accept the view – asserted by
some respondents – that Open Source software is threatened by the
existing extent of patentability. This seems to fly in the face of
the facts, notably that during the last decade Open Source software
has flourished….”

“The Government’s conclusion is thus to reaffirm the principle
that patents are for technological innovations. Software should not
be patentable where there is no technological innovation, and
technological innovations should not cease to be patentable merely
because the innovation lies in software.”

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