Information Process Patents in the U.S. and Europe: Policy Avoidance and Policy Divergence
http://www.firstmonday.dk/issues/issue8_3/kahin/index.html
  peer-reviewed

Kahin, Brian
First Monday
2003

Abstract:

Patents on software and business methods appear to have a pivotal position in today's economy, yet they have remained a policy backwater in which scope of patentable subject matter has expanded without legislative input. This is changing as Europe struggles with patent reform. A push by the European Commission to validate and promote software patents has been opposed by many companies and professionals, and especially the open source community. In this process, it has become clear that Europe opposes the broad non-technical patents on business methods that are now available in the U.S., signaling a major rift in international standards of patentability.