Growth of software related patents in different countries

The distribution of software related patent applications in fifteen European countries, the United States and Japan has been determined for 1987, 1990, 1993, 1996 and 1999 using a bibliometric technique. The results were used for extrapolation to 2002 and 2005. The patent applications were identified using search words extracted from patent claims concerning various aspects of computer software. World-wide, the annual growth in the number of these patent applications is about 19%. In Europe and the United States there are signs of saturation in the growth rate while in Japan the growth continues to be exponential. The largest numbers of applications are assigned to IPC patent section G (Physics), in particular to classes G11, G09, G01, G06, G05 and G08. The next most populous class is H (Electricity) represented most strongly by classes H01, H03 and H04. Growth in the number of software related patent applications is especially strong in section C (Chemistry), represented most strongly by class C07 followed by classes C12 and C08, which may overtake section H in the near future. Most applications assigned to section B (Performing operations; transporting) are in class B60 while in section A (Human necessities) the most important class is A61. In Europe, Germany dominates patenting in general and software related patenting in particular. The number of European software related patent applications slackened considerably in 1999. This slackening is observable over the whole spectrum of patent sections and classes in which software related patents are significantly present. Since there was no corresponding slump in patenting in general, this slackening is interpreted as related to conditions in the software sector in particular rather than to general economic conditions or the like. The importance of the EPO as a receiving office for software related patent applications (priority establishing applications) has increased relative to national receiving offices during the nineties.