Patentability of computer-implemented inventions: the European Directive Proposal

There has been intense debate recently among all European Member States and in the European Parliament concerning the patentibility of SW programs. In this paper we analyze the Proposal for a Directive of the European Parliament and Council on the patentability of computer-implemented inventions, as presented in October 2002, and discuss the technological character of the SW product in order to determine the most appropriate form of protection.