Following that thread, I came across a list posted earlier on ISFO's web site, 10 Reasons Why Software Ideas Must Remain Free From Patentability. I thought it would be helpful to share them with you, particularly with those attending the UK workshops, and I wanted to ask if those of you who are either lawyers, patent searchers or programmers could please explain number 7 in more detail? I'd like to understand that point better:

7. Software is abstract, like math. Software ideas can be described in any number of ways, so searches for software patents would be hit-and-miss. Reliably avoiding patent infringement would be impossible.

Number 9 is compelling, as well. Here's the entire list.

***************************

1. There are currently no costs, waiting periods, or application forms required for software development. Patentability would radically change this and would invalidate many development and business models.

2. Software already has "ownership rights" via the copyright system. Copyright is instant, costs nothing, and doesn't interfere with independent development.

3. If companies could purchase exclusive rights to the use of techniques required by their defacto standards, they could choose their competitors. "Competition" would become an inside joke, and preventing competition would be completely legal and above board.

4. Small and medium enterprises can't afford patents, they can't spare time for patent searches and they can't risk the cost of contesting an accusation in court.

5. The patent term (20 years) is absurdly long in terms of the software industry.

6. Innovation in software is incrimental, new ideas build on the old. To advance the state of the art, developers must be permitted to build on top of the state of the art.

7. Software is abstract, like math. Software ideas can be described in any number of ways, so searches for software patents would be hit-and-miss. Reliably avoiding patent infringement would be impossible.

8. Engineering, manufacturing, and pharmacutical patents are industrial regulations. Software idea patents would place restrictions on what all businesses and all individual computer owners can do with their computer.

9. In the USA, to get around the burden of software idea patents, the Big Players of the software industry have formed cartel-like patent sharing agreements. Small and medium enterprises cannot afford to join these agreements, and NONE of the Big Players are European companies.

10. For Europe to develop it's own software industry, we must retain the right to write our own software - without having to ask permission or pay royalties to current (foreign) market leaders.