This paper has been adapted from a presentation given by the author at Duke University School of Law's "Hot Topics in Intellectual Property Law Symposium" on April 1, 2005. It first presents an overview of the EU "Software Patents" Directive and many of the amendments that have been proposed and adopted. It then suggests a number of ways in which Europe can lead the world in developing a system that balances the interests of patent protection and open-source software.
Robert Bray, The European Union “Software Patents” Directive: What Is It? Why Is It? Where Are We Now?, 4 Duke Law & Technology Review 1-18 (2005)