Introduction

If the history of the EPC in its first two decades was that of continual attempts to overcome the software exclusions, then the current developments relating to business methods and algorithms offer a similar future: pushing the conceptual barriers of patentability until they finally stretch too far and break under the force of their lack of coherence. The power to do this lies with the patent attorney profession, who are ‘repeat players’ in the process, with a relatively common goal: responding to their client's demands to extend the protection available for their inventions. The effect upon any examiner trying to ‘hold a line’ which is based on an abstract ideal or definition must be difficult, requiring both strong conceptual and organisational mechanisms.