European Patent Organization President Alain Pompidou hit back at criticism of Europe's patent regime from parts of the software industry Tuesday, with assurances that software per se cannot be patented.

His comments at an intellectual property conference in Lisbon come as the debate over the future of patents in Europe intensifies.

"The relatively high cost of European patents compared with their Japanese and American counterparts can be considered detrimental to the continuing success of the European patent system and to the innovation process in general," Pompidou said in prepared remarks.

Although there has been a single European Patent Organization (EPO) for almost 30 years, inventors still have to register their patents in all the countries where they want patent protection.

European parliamentarians will vote Wednesday on whether to support a new effort by the European Commission to create a single patent regime for the whole of the European Union, the so-called Community Patent.

The Commission, the E.U.'s executive and regulatory arm, is also pushing a less ambitious, backup plan to improve the current system, administered by the EPO. This entails the E.U. becoming a signatory to two new EPO agreements: one to reduce the languages a patent must be translated into, and a second agreement to set up one patent court with sole responsibility for examining patent disputes.

After the European Parliament scrutinizes the Commission

IDG News Service

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