[Sderby] Software Patents

[m at andromeda]

I complained to my MEP about the EU legislation on software patents.
His reply follows....

Dear Dr Read,

Re:  The patenting of computer-implemented inventions ("software patents")

Thank you for your email expressing your concerns with the European 
Commission's proposal for a Directive on the patentability of 
computer-implemented inventions. I apologise for the lengthy delay in 
replying, but the issue only came to the European Parliament's plenary 
session at the end of last month. 

The need for legal certainty in this area, by the introduction of EU 
legislation. is pressing due to the drift in the USA to allow the 
patenting of computer software.  Small and medium-sized enterprises in 
particular have been concerned that patenting will restrict their ability 
to write new and better software without infringing the rules.  At the 
same time, SMEs will also benefit from the legal certainty that will be 
established by this Directive.

The European Parliament voted its first reading on the proposal in 
September where it adopted amendments to strictly limit patents to new 
inventions only.  The Parliament's position would harmonise current 
practice in the European Patents Office, and ensure that patents in the 
field of computer engineering will be issued on the same basis in all EU 
Member States.  Specifically, the UK Liberal Democrats supported an 
amendment to the definition, so that "In order to be patentable, a 
computer-implemented invention must be susceptible of industrial 
application and new and involve an inventive step.  In order to involve an 
inventive step, a computer-implemented invention must make a technical 
contribution". 

Equally importantly, the Parliament proposed that what cannot be patented 
should also be tightened-up.  So, a computer-implemented invention shall 
not be regarded as making a 'technical contribution' merely because it 
involves the use of a computer, network or other programmable apparatus - 
or because it improves efficiency in the use of resources within the data 
processing system.

The proposal now passes to the Council of Ministers where the 15 EU Member 
States will discuss the proposal and, in due course, modify the text (the 
Council's common position).  However, they are not obliged to take on 
board Parliament's amendments.  Once the Council has adopted its common 
position the proposal will pass back to the Parliament for a second 
reading, before its final adoption.

Diana Wallis MEP, lib dem member of the European Parliament's Legal 
Affairs Committee, led the debate in the Parliament on behalf of the 
British lib dem MEPs. If you have further specific queries regarding the 
vote, you might wish to contact her directly at the following address:

Diana Wallis MEP
European Parliament ASP 10G253
60 rue Wiertz
B-1047 Brussels
Belgium

dwallis at europarl.eu.int

Yours sincerely,

Nick Clegg