[SWLUG] Fwd: Software Patents

[Jim Killock]

Response from J Evans, Welsh Conservative MEP (representing all of 
Wales)

last  minute lobbying by FOSS-based firms is appreciated - his contact 
details are below

Jim

Begin forwarded message:



> Mr Jim Killock
> 1 Rhes Trefelyan
> Stryd Fawr Bangor
> Gwynedd LL57 1AX
> 23 June 2005
>
>
> Dear Mr Killock,
>
>
> Thank you for your recent letter on the European Parliament´s review 
> of the very important Directive on Computer Implemented Inventions and 
> may I apologise for not getting back to you sooner.
>
> The Council Presidency has now formally adopted the Common position, 
> which it was entitled to do under its rules of procedure. These rules 
> are the responsibility of the Member States Governments, not the 
> European Parliament.
>
> The full co-decision process is being observed, in which Parliament 
> has full rights to amend the proposal at both first and second 
> reading. MEP's have been closely involved in the scrutiny of this 
> proposal, and we can assure you that there has been no lack of public 
> discussion.
>
> In judging any future amendments, it is essential to have a full 
> understanding of the objectives of this proposal. It is intended to 
> clarify existing patent law so that software is specifically excluded, 
> whereas genuine inventions which may include digital technology 
> (estimated to be around 60 - 70% of all patent applications) are 
> allowed. There is absolutely no intention to apply patent law to 
> "computer code" - this would, in any case, be impossible to achieve 
> since patents cover technical concepts, not specific coded solutions.
>
> We will now be evaluating the adopted text to see whether it achieves 
> the desired objectives; to provide patent inspectors with a common 
> framework within which to examine, and if appropriate, grant patents 
> for innovations involving digital technology. We must ensure that 
> computer software or business methods that do not involve new 
> innovative concepts or make a technical contribution are excluded from 
> patents. This will give the EU a distinctive and different position 
> from the US and Japan.
>
> We need to consider the potential effect of the Directive on software 
> development. We have consulted open source experts and there appears 
> to be nothing in this Directive that will affect the expansion of open 
> source solutions. There is little evidence from the USA that software 
> development has been slowed down by the US patent regime. If the EU 
> Directive is passed, it will be more restrictive than the current US 
> patent environment. There is also little sign from the USA, of large 
> companies pursuing small companies for patent enforcement -evidence 
> suggests that the opposite is the case. Also, patent specialists 
> consider that the passing of the EU Directive will exclude the 
> attempted enforcement of existing US patents across the EU. We may 
> need to tighten up the proposal to ensure that this happens.
>
>
> We are also especially concerned to protect innovative companies, 
> especially small firms, using digital technology to produce genuinely 
> original technical solutions. We have been contacted by many of them 
> and they are very concerned that they may be excluded form the patent 
> regime by inappropriate amendments to the EU proposal. Patent royalty 
> income is very important to these companies and is a major incentive 
> to innovative research. If their needs are not taken into account, the 
> impact on innovation could certainly be disastrous.
>
> In the end, the Parliament must balance all the arguments and reach a 
> sensible solution that is right for everyone involved in the European 
> economy. Conservative MEPs will be, as has been the case throughout, 
> very much involved.
>
>
> Yours sincerely,
>
>
>
>
>
> JONATHAN EVANS MEP (WALES)
> Chairman of the Delegation for Relations with the United States
> jevans at europarl.eu.int
>
> U.K.Office: 4, Penlline Road, Whitchurch, Cardiff. CF14 2XS
> Tel: 02920 616031  Fax: 02920 613539
> Brussels Office: 14E 205, European Parliament, Rue Wiertz, Brussels 
> 1000
> Tel: (00)322 284 5528 Fax: (00)322 284 9528