Reaction…

Gary Barnett analyst at research firm Ovum says the future of software development depends on protecting those that invest in innovation.

It is important to have some mechanism that encourages investment in innovation. The companies that plough billions into research and development need to be sure that their investment is going to give them an advantage that lasts longer than a couple of months.

What is important for the software industry is that patents are issued responsibly. Without controls over the level of innovation needed to qualify, there is a danger that some kind of patent ‘arms race' breaks out.

I am opposed to the European proposals because I don't think they strike the right balance. The test for issuing does not require a high enough standard of innovation. But philosophically, I think it's important to support the innovation.

Michael Cover, partner in intellectual property at law firm Faegre Benson Hobson Audley, says there are problems relying on copyright to protect innovation.

One of the drivers for introducing patent laws is to create a level playing field, to reduce the likelihood of differences between national laws. This would at least create uniformity within the EU.

As to whether the approach being taken is the right one, it's a difficult area. There are problems associated with patents: they are expensive to file and the system favours large organisations.

But you know where you stand with patents. They're registered, and you can find information on patents held in your area of work. The process of litigations is also very expensive.

With copyright, the protection lasts for a very long time – 70 years; but it's very difficult to search for who holds copyrights.