European Commission’s Proposal on Software Patents

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Recommended: Ethical egoism and ethical utilitarianism

European Commission’s Proposal on Software Patents

The European Commission should maintain and clarify its limitations on patents for software, to fight against American mega companies attempting to globally monopolize software, to avoid the mistakes the United States has made, and to potentially let Europe emerge as a software mecca, where software can continue to make significant advancements. This viewpoint can be supported with several ethical considerations, including Ethical Egoism, Utilitarianism, and Pluralism.

General View on Software Patents

Purpose of a Patent

Patents have a dual role in our society. An invention or new creation should be shared with the public and peers to enrich the public body of technical knowledge. In return, society rewards inventors for their efforts by giving a monopolistic control over the invention. In general, patents cover a practical implementation of an idea, as in a product, and not the idea itself. The patent system is in place to promote innovation.

Patents on Software

Merriam-Webster defines software as, “something used or associated with and usually contrasted with hardware: as: the entire set of programs, procedures, and related documentation associated with a system and especially a computer system; specifically : computer programs.”[1] Britannica Encyclopedia defines software as, “instructions that tell a computer what to do.”[2] These definitions of software as a set of instructions, or an associated part with hardware, immediately differentiate it from your typical invented product. By itself you do not have a product, yet United States case law has contended that once you put that software on a disc, you do have a product.

Patents have been crucial to distributing your typical technical innovation. Software has no such limitation. Software ideas and innovations have spread quickly through the public domain of information. Some reasons for software distributing so quickly is its relative immaturity as a science and engineering practice, extensive freely distribution from universities, and a near direct fiscal value in general acceptance and use of a software concept[3]. Software innovation has flourished under the general availability of software code, concepts, and tools.

Additionally, software is developed incrementally, building quickly on existing concepts. In general, the patent system has been shown to slow the development of incrementally developing technologies such as software[4].

Some Good Software Patents

Very carefully reviewed, and perhaps shorter duration software patents could benefit innovation. A software implementation that might otherwise be kept hidden behind trade secret in a company could be revealed to the public for an exchange of monopolistic control.

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