1 See, for instance, Ben Clemens, Math You Can't Use: Patents, Copyright, and Software (2005), Eric Stasik, Not so Patently Obvious, The Brief History of Patenting Software in the U.S. and Europe and the Trouble with Patents in the Digital Age (2007), or Kenneth Nichols, Inventing Software: The Rise of “Computer-Related” Patents (1998).Google Scholar

2 2002/0047/COD.Google Scholar

3 In her statement, the Commissioner stated that the Directive's proposed software patent model should be rejected and the EU should adopt “a non-sector-specific instrument and that it should seek the adoption of the Community patent.” For the legislative history of the Directive, see http://ec.europa.eu/internal_market/indprop/comp/index_en.htm, last accessed 28 July 2008.Google Scholar

7 Id. at 35.Google Scholar

8 Id. at 68.Google Scholar

9 Id. at 79. For more arguments in favour of software and business method patents, see “WIPO: Ways in Which Patents can Help Your E-Commerce Business”, available at: http://www.wipo.int/sme/en/e_commerce/pat_help.htm, last accessed 28 July 2008.Google Scholar

10 Id. at 155.Google Scholar

11 See, for instance, P. Samuelson, R. Davis, M.D. Kapor and J.H. Reichman, A Manifesto concerning the legal protection of computer programs, 94 Colum. L. Rev. 2308 (1994).Google Scholar

12 In addition to the Manifesto at supra note 9, Leith also reviews the EU Software Patent Directive and the Software Petite Patent Act. See M.A. Paley, A Model Software Petite Patent Act, Computer and High Tech Law Journal 12 (1996).Google Scholar

13 See Leith, P., Utility Models and SMEs, 2 Journal of Information, Law and Technology (2000).Google Scholar

14 Leith, , supra note 4, 178.Google Scholar

15 Leith, , supra note 4, 178.Google Scholar

16 For an excellent, recent review of the subject by programmers-turned-legal academics, see James Bessen & Michael Meurer, Patent Failure: How Judges, Bureaucrats, and Lawyers Put Innovators at Risk (2008).Google Scholar