D
Dr. Jai Maharaj
EC: Software is not patentable
By Ingrid Marson
ZD Net, UK
May 25, 2006
The European Patent Office will be bound by proposed
legislation that will exclude software from
patentability, according to the EC, in a move that has
startled opponents of software patents
Software patent campaigners were shocked on Wednesday by
an apparent change in stance towards software patents by
the European Commission.
The European Commission said last week that computer
programs will be excluded from patentability in the
upcoming Community Patent legislation, and that the
European Patent Office (EPO) will be bound by this law.
"The EPO would... apply and be bound by a new unitary
Community law with respect to Community patents," said
the EC in a statement. "The draft Community Patent
regulation confirms in its Article 28.1(a) that patents
granted for a subject matter (such as computer programs),
which is excluded from patentability pursuant to Article
52 EPC [European Patent Convention], may be invalidated
in a relevant court proceeding."
This statement appears to contradict what the EC said
last year - that the EPO would continue to grant software
patents
http://news.zdnet.co.uk/business/legal/0,39020651,39210094,00.htm
that make a technical contribution, despite the
European Parliament's decision to reject the software
patent directive.
http://news.zdnet.co.uk/business/legal/0,39020651,39207478,00.htm
The Foundation for a Free Information Infrastructure
(FFII), which has doggedly campaigned against software
patents in Europe, was confused at the EC's change of
tune.
"I'm stunned," said Pieter Hintjens, the president of the
FFII on Wednesday. "Does the Commission now accept that
the EPC rules do actually rule? Or have I misunderstood
something?"
In the past, software patent campaigners have expressed
concerns that the Community Patent legislation would be
used by the EC to legalise software patents.
http://news.zdnet.co.uk/business/legal/0,39020651,39226963,00.htm
The EC's statement was made in response to a question
posed by a Polish MEP, Adam Gierek, in April. Gierek
asked whether the Community Patent legislation would
ratify the EPO's current practice of granting software
patents.
"I am concerned about European Patent Office (EPO)
practices which are undermining the social acceptability
of the patent system, with patents being granted for
solutions that are not patentable under the current law,"
said Gierek. "Does the Commission still stand by the
position set out in... the proposal for a Council
regulation on the Community patent, namely that the case
law which the EPO developed for the European patent will
apply to the Community patent?"
Even if the Community Patent legislation does allow
software patents to be invalidated in court, this is not
enough, according to the FFII's Hintjens. The EPO should
offer an independent appeal process, rather than forcing
companies to pursue a costly legal case at the European
Court of Justice (ECJ), he said.
"The proposed Community Patents will be granted by the
EPO: a non-accountable, non-Community organisation, with
no independent appeal possible. The Commission says this
is not a problem since the ECJ can invalidate the granted
patents in infringement cases," said Hintjens.
"That is however only true if it comes to civil
litigation, which is often too expensive for SMEs,
forcing them to pay for a licence. Therefore software
patents not yet taken to court will impose an enormous
burden on the industry," he added.
Gierek's question and the EC's full answer can be viewed
on the European Parliament's Web site.
http://www.europarl.europa.eu/omk/s...+0+DOC+XML+V0//EN&L=EN&LEVEL=2&NAV=S&LSTDOC=Y
http://news.zdnet.co.uk/business/legal/0,39020651,39270929,00.htm
- - - - - - -
Posted on 5/25/2006 by ShadowAce
- - - - - - - - - - - - - - - - - - - - - - - - - - - -
End of forwarded message
Jai Maharaj
http://tinyurl.com/a5ljc
http://www.mantra.com/jai
Om Shanti
Hindu Holocaust Museum
http://www.mantra.com/holocaust
Hindu life, principles, spirituality and philosophy
http://www.hindu.org
http://www.hindunet.org
The truth about Islam and Muslims
http://www.flex.com/~jai/satyamevajayate
o Not for commercial use. Solely to be fairly used for the educational
purposes of research and open discussion. The contents of this post may not
have been authored by, and do not necessarily represent the opinion of the
poster. The contents are protected by copyright law and the exemption for
fair use of copyrighted works.
o If you send private e-mail to me, it will likely not be read,
considered or answered if it does not contain your full legal name, current
e-mail and postal addresses, and live-voice telephone number.
o Posted for information and discussion. Views expressed by others are
not necessarily those of the poster who may or may not have read the article.
FAIR USE NOTICE: This article may contain copyrighted material the use of
which may or may not have been specifically authorized by the copyright
owner. This material is being made available in efforts to advance the
understanding of environmental, political, human rights, economic,
democratic, scientific, social, and cultural, etc., issues. It is believed
that this constitutes a 'fair use' of any such copyrighted material as
provided for in section 107 of the US Copyright Law. In accordance with Title
17 U.S.C. Section 107, the material on this site is distributed without
profit to those who have expressed a prior interest in receiving the included
information for research, comment, discussion and educational purposes by
subscribing to USENET newsgroups or visiting web sites. For more information
go to: http://www.law.cornell.edu/uscode/17/107.shtml
If you wish to use copyrighted material from this article for purposes of
your own that go beyond 'fair use', you must obtain permission from the
copyright owner.
By Ingrid Marson
ZD Net, UK
May 25, 2006
The European Patent Office will be bound by proposed
legislation that will exclude software from
patentability, according to the EC, in a move that has
startled opponents of software patents
Software patent campaigners were shocked on Wednesday by
an apparent change in stance towards software patents by
the European Commission.
The European Commission said last week that computer
programs will be excluded from patentability in the
upcoming Community Patent legislation, and that the
European Patent Office (EPO) will be bound by this law.
"The EPO would... apply and be bound by a new unitary
Community law with respect to Community patents," said
the EC in a statement. "The draft Community Patent
regulation confirms in its Article 28.1(a) that patents
granted for a subject matter (such as computer programs),
which is excluded from patentability pursuant to Article
52 EPC [European Patent Convention], may be invalidated
in a relevant court proceeding."
This statement appears to contradict what the EC said
last year - that the EPO would continue to grant software
patents
http://news.zdnet.co.uk/business/legal/0,39020651,39210094,00.htm
that make a technical contribution, despite the
European Parliament's decision to reject the software
patent directive.
http://news.zdnet.co.uk/business/legal/0,39020651,39207478,00.htm
The Foundation for a Free Information Infrastructure
(FFII), which has doggedly campaigned against software
patents in Europe, was confused at the EC's change of
tune.
"I'm stunned," said Pieter Hintjens, the president of the
FFII on Wednesday. "Does the Commission now accept that
the EPC rules do actually rule? Or have I misunderstood
something?"
In the past, software patent campaigners have expressed
concerns that the Community Patent legislation would be
used by the EC to legalise software patents.
http://news.zdnet.co.uk/business/legal/0,39020651,39226963,00.htm
The EC's statement was made in response to a question
posed by a Polish MEP, Adam Gierek, in April. Gierek
asked whether the Community Patent legislation would
ratify the EPO's current practice of granting software
patents.
"I am concerned about European Patent Office (EPO)
practices which are undermining the social acceptability
of the patent system, with patents being granted for
solutions that are not patentable under the current law,"
said Gierek. "Does the Commission still stand by the
position set out in... the proposal for a Council
regulation on the Community patent, namely that the case
law which the EPO developed for the European patent will
apply to the Community patent?"
Even if the Community Patent legislation does allow
software patents to be invalidated in court, this is not
enough, according to the FFII's Hintjens. The EPO should
offer an independent appeal process, rather than forcing
companies to pursue a costly legal case at the European
Court of Justice (ECJ), he said.
"The proposed Community Patents will be granted by the
EPO: a non-accountable, non-Community organisation, with
no independent appeal possible. The Commission says this
is not a problem since the ECJ can invalidate the granted
patents in infringement cases," said Hintjens.
"That is however only true if it comes to civil
litigation, which is often too expensive for SMEs,
forcing them to pay for a licence. Therefore software
patents not yet taken to court will impose an enormous
burden on the industry," he added.
Gierek's question and the EC's full answer can be viewed
on the European Parliament's Web site.
http://www.europarl.europa.eu/omk/s...+0+DOC+XML+V0//EN&L=EN&LEVEL=2&NAV=S&LSTDOC=Y
http://news.zdnet.co.uk/business/legal/0,39020651,39270929,00.htm
- - - - - - -
Posted on 5/25/2006 by ShadowAce
- - - - - - - - - - - - - - - - - - - - - - - - - - - -
End of forwarded message
Jai Maharaj
http://tinyurl.com/a5ljc
http://www.mantra.com/jai
Om Shanti
Hindu Holocaust Museum
http://www.mantra.com/holocaust
Hindu life, principles, spirituality and philosophy
http://www.hindu.org
http://www.hindunet.org
The truth about Islam and Muslims
http://www.flex.com/~jai/satyamevajayate
o Not for commercial use. Solely to be fairly used for the educational
purposes of research and open discussion. The contents of this post may not
have been authored by, and do not necessarily represent the opinion of the
poster. The contents are protected by copyright law and the exemption for
fair use of copyrighted works.
o If you send private e-mail to me, it will likely not be read,
considered or answered if it does not contain your full legal name, current
e-mail and postal addresses, and live-voice telephone number.
o Posted for information and discussion. Views expressed by others are
not necessarily those of the poster who may or may not have read the article.
FAIR USE NOTICE: This article may contain copyrighted material the use of
which may or may not have been specifically authorized by the copyright
owner. This material is being made available in efforts to advance the
understanding of environmental, political, human rights, economic,
democratic, scientific, social, and cultural, etc., issues. It is believed
that this constitutes a 'fair use' of any such copyrighted material as
provided for in section 107 of the US Copyright Law. In accordance with Title
17 U.S.C. Section 107, the material on this site is distributed without
profit to those who have expressed a prior interest in receiving the included
information for research, comment, discussion and educational purposes by
subscribing to USENET newsgroups or visiting web sites. For more information
go to: http://www.law.cornell.edu/uscode/17/107.shtml
If you wish to use copyrighted material from this article for purposes of
your own that go beyond 'fair use', you must obtain permission from the
copyright owner.