The software patent debate

Legal context. This article has practical application for those working in the patent field, particularly with regards to the filing of software patent applications. Key points. The article provides a detailed explanation of the state of the art with regards to the legal protection of software, and describes the latest legal developments in the area, including the failed Directive on Computer Implemented Inventions and some recent cases that may shed more light on some of the technical issues involved in the area of software. The paper also explores some of the arguments put forward by those in favour and opposed to software patents, in order to ascertain their validity. Practical significance. Existing case law may provide help to solve the problem of patentability, but it might also be a good idea to resurrect the idea that there should be a sui-generis software right