Potential stateside effects of European Union failure to adopt the Computer Implemented Inventions Directive

Bruce Lehman, former United States Commissioner for Patents & Trademarks, writes in today’s Wall Street Journal about last month’s decision by the European Parliament to pass on a directive that would have established a Europe-wide standard for patenting computer related inventions.

You can view the article here (subscription required).

One of the most interesting aspects of the article is Mr. Lehman’s subtle outline of several possible side effects of the decision that might come to life in the United States.

First, the decision might negatively affect international harmonization efforts.  Mr. Lehman is quite direct on this point, noting his regret that the “…decision of the European Parliament will make it harder to harmonize global patent laws.”

Second, it’s clear that at least Mr. Lehman believes that the decision will likely boost the anti-software patent crusade in the US.

Lastly, Mr. Lehman plainly states that the disproportionate flow of global investment in software development into the United States will continue because of the European decision.  This conclusion is based on a simple premise — investors tend to apply capital in places where protection is clear and tend to avoid applying capital where protection is cloudy.  After the decision, protection for computer-implemented inventions in Europe is cloudy but remains clear in the US.

The CII Directive is officially dead in Europe…but it may very well have lingering effects in the United States.