Software Patents Pending?

Recent twin decisions of the European Patent Office's Technical Board of Appeal have shifted its stance on software patents significantly. In this paper, I explore the background to this shift and suggest that the mindset to software patents enshrined in the Trade-Related Aspects of Intellectual Property Rights Agreement (TRIPS) is already being introduced ahead of formal amendment of the European Patent Convention and the national legislation that mirrors that Convention. In the light of the changing mindset, I go on to consider what the legal, economic and political may be. In conclusion, I discuss a longer-term scenario for global software protection.