UK Patent Office sets the example

Unlike it’s US and European counterparts, the UK Patent Office is pretty good when it comes to following it’s own rules. Ok, I didn’t mean that about the USPO. They are legally allowed to patent software and computer implemented inventions unlike the EPO which just ignores that fact that software cannot be patented and grants them anyway. But I digress.

Today, Out-Law reports that:

Sony cannot patent inventions in the UK that remove the anonymity of the peer-to-peer user experience and put social networking at the heart of file-sharing. The Patent Office ruled last week that the inventions are not eligible for patents

This is good because it means that the UK yet again sets an example for the rest of the world showing how computer implemented inventions really should not be patented. When it comes to software it is important for competition and innovation that patent protection is not allowed because as we have seen in the USA, software patents are far too general.

The key is that an idea should have an inventive step that requires (or required) effort to achieve. Normal patents, say for a mechanical device, are different because it might be a unique way of doing something – and as such that should be protected by patent (because metal parts cannot be copyrighted). But when it comes to software patents to get the same kind of thing you would have to describe how the code works to such an extent you might as well just copyright it.

So we can logically and reasonably say that copyright is sufficient. Why are so many people saying this yet EU parliament members continue to ignore the people it will affect most? Oh yes, they’re being “sponsored” by companies who want the patents. Silly me. I throught the MEPs were supposed to represent my views. I guess I’m not paying them enough. Or at all.