BASDA Challenges European Patent on behalf of Members

OB10 has been granted a Patent on a 'Communication routing apparatus' by the European Patent Office (EPO).  The Patent covers a process which is common to the providers of data exchange and integration services – namely a central router (or Hub) that automates the process of one-to-many data connections. 

The patent looked at specific process components, such as the addition of static and dynamic data or the automated storage and routing based on interpreting the input data.

However, this was a common process used by most, if not all, eBusiness application developers and there was surprise that the Patent had been granted. 

The risk was that, if not effectively challenged, OB10 could use this Patent to prevent the open use of this approach or charge a licence for the use of such a process.  Enforcing the Patent could add to the cost of using B2B services, weaken service competition and reduce solution adoption. 

The exact reasons behind OB10 obtaining the Patent are unknown, but the industry only became aware of this Patent after it had been granted.  With limited time to submit an objection and the need to gather evidence and engage a Patent specialist to advise parties and compile a relevant response, the Business Software Developers’ Association (BASDA) stepped forward to coordinate the response on behalf of a number of members. 

The basis used in the BASDA notice of objection, supported with evidence, was that the Patent as a whole was not considered necessary or new and does not involve an inventive step.

Because this was a European Patent, there were oppositions submitted from several different countries affected, with 19 submissions overall.  For the UK, BASDA was able to provide the only submission representing multiple application developers.  Although the strength of the overall opposition was considerable, we now have to wait for the response by the European Patent Office as to whether we (and other objectors) have succeeded in getting the EPO to withdraw the patent or if they allow it to stand in part or in whole.

Jairo Rojas, Director General at BASDA, comments:

“Questions need to be asked about the process that UK and European Patent Office’s use to grant Patents and to notify those parties affected. Had we not been alerted at the last minute, this Patent could easily have gone un-challenged with potentially negative consequences.  In lay-man’s terms this patent, if granted, is the equivalent to patenting the use of a roundabout for general road users. BASDA has helped to ensure that its members had a clear voice and that the strong case against this Patent was made for the UK.”

BASDA is the trade organisation representing the UK software industry. It is one of the industry's principal interfaces with the UK and European Government and industry bodies, representing the interests of business software developers, large or small, and is a key player in the development of workable and practical software standards.