Chancen und Risiken von Softwarepatenten : eine Bewertung der geplanten EU-Richtlinie über die Patentierbarkeit computerimplementierter Erfindungen

This paper analyzes the economic consequences of software patents and evaluates the different versions for the EU directive on patenting computer-implemented inventions as proposed by the European Commission, the European Parliament, and the European Council. Based on the economic analysis of digital goods and taking into account the special characteristics of software development, including the open source model, the pros and cons of patenting computer-implemented inventions are discussed. It is argued that software patents require higher standards compared to traditional fields of issuing patents, since the risk of impeding competition is also greater. In this respect the proposal of the European Parliament for the planned directive is considered best, as it includes the most precise definition of the "technical contribution" as a condition for patentability and explicitly privileges interoperability. (Die Weltwirtschaft / SWP)