Software and Patents: What Can Be Protected in Europe?
Software patents are one of the most misunderstood areas of intellectual property law. The European Patent Convention (EPC) explicitly excludes “programs for computers as such” from patentability. Many conclude from this that software cannot be patented at all in Europe.
The truth is more nuanced. If the software provides a technical solution to a technical problem – often by interacting with or controlling hardware – it can be patented. In addition, there are other valuable layers of protection available, such as copyright and voluntary registration in Hungary.
Hardware elements and “technical effect”
The key to patentability is technical contribution. Pure software or abstract algorithms are excluded. But when software interacts with physical devices or improves the way a computer system operates, the invention may qualify for a patent.
Examples include:
A medical imaging machine controlled by dedicated software.
An algorithm that enables faster data processing or compression on a device.
Software that improves network routing or communication efficiency.
In such cases, the software is not “as such” but produces a real technical effect. Both the European Patent Office (EPO) and the Hungarian Intellectual Property Office (HIPO) consistently apply this principle.
Copyright and voluntary registration in Hungary
In Hungary, software is automatically protected by copyright law once created – whether in source code or object code form. This protection, however, only covers the expression of the program (the code itself), not the underlying ideas or algorithms.
To strengthen this, developers can use the voluntary register of works maintained by the HIPO. Although it does not create new rights, it provides official evidence that the work existed on a specific date – a decisive advantage in case of disputes.
Why layered protection matters
For businesses, especially SMEs and start-ups, relying on a single form of protection is often risky. Combining multiple tools – patents for technical solutions, copyright for code, and voluntary registration for evidence – creates a more robust IP position.
This layered approach is not only about legal security. It also sends a strong signal to potential investors and partners: the company has carefully considered its IP assets and taken proactive steps to secure them. For early-stage companies, this can significantly increase business valuation and negotiating power.
Conclusion
Software protection in Europe is possible, but requires a tailored strategy. Patents are available when there is a technical effect, often in combination with hardware. Copyright provides automatic protection for code, while voluntary registration offers evidentiary strength in disputes.
Every case is unique – the right strategy depends on the nature of the software and the long-term goals of the business. For foreign IP firms advising clients in Europe, understanding these nuances is key to ensuring effective protection and maximising value.