Should software be patentable?

Summary:Over the past few months, the New Zealand ICT community has been debating the issue of patents.

Over the past few months, the New Zealand ICT community has been debating the issue of patents.

Initially, a government Select Committee of MPs decided software was not patentable as it considered a new Patent Act. The New Zealand Computer Society said patents stifle innovation and creativity. However, there has been a u-turn, apparently following lobbying from the big vendors like Microsoft and IBM.

The latest government thinking is that patents that serve a "technical purpose" such as operating machinery should be allowable, while those that just process information should not.

There has certainly been much debate within the New Zealand ICT community — a debate that still continues.

As for me, I am not too sure either way, though the latest thinking seems a fair compromise. Certainly we need patents to protect the intellectual property of people that create innovations. They need to benefit from the fruits of their labour.

In a recent case, Microsoft pointed out that it spends millions every year developing new software. It is only fair and proper that it gets a return on that investment. If it gets no return, it would not bother investing that money and developing new solutions that benefit us all.

However, we also see that Microsoft can use patent law to suppress innovation by making its patents too overarching, affecting things it shouldn't.

It seems to me that the concept of certain generic sorts of software patents could well be made redundant thanks to the growth of open source, while remaining for specialist applications that have a technical purpose.

I expect there will be much debate still to come, with some sort of compromise like the one I've just put forward sure to feature in the future.

Topics: IBM, Enterprise Software, Microsoft, Innovation


Darren Greenwood has been in journalism, not all of it IT, since the days of typewriters and long before the web spun its way around the world.Coming from Yorkshire, he can be blunt, and though having resided in New Zealand, as well as Australia, for quite some time, he insists he is not one of the 'sheeple!'

Kick off your day with ZDNet's daily email newsletter. It's the freshest tech news and opinion, served hot. Get it.

Related Stories

The best of ZDNet, delivered

You have been successfully signed up. To sign up for more newsletters or to manage your account, visit the Newsletter Subscription Center.
Subscription failed.