The day after the Computer-Implemented Inventions Directive: who won the battle and when shall the war end?

Abstract

This article follows the debate about the patentability of software after the demise of the Computer Implemented Inventions Directive, particularly exploring the misconception that software is not patentable in Europe, and the belief that this places the local software industry at a competitive disadvantage and that it is a less attractive place for investment compared to the US and Japan. The article assesses whether there is indeed a need for a change in law or in practice and if so, to ascertain the path that Europe should follow.