EU parliament to decide on controversial software patents
From Schoolforge-UK
The EU Parliament's second reading of the controversial Computer Implemented Inventions (CII) directive will take place tomorrow, July 6th.
21 amendments have been tabled by MEPs of all parties following the advice of Michel Rocard, and the effect of these amendments will be to define clearly what kinds of software can and cannot be patented, so that patents are limited to physical inventions that include software while preventing patents on the operations carried out by software, including business methods. These amendments are supported by organisations representing SMEs such as UEAPME, as well as a large number of small businesses including corporate members of Schoolforge-UK.
Opposing these are further amendments tabled by the pro-software patents lobby, to have the directive scrapped altogether, as reported in the Washington Post. These amendments are saying in effect that large companies such as Microsoft, Siemens, Philips, IBM and others would rather keep the present confused situation in Europe, which allows scope for software patents in some countries but not in others, than accept the Rocard clarifications that clarify the law and prevent the type of patents they are seeking.
Meanwhile, a London-based pro-swpat attorney has admitted that the CII directive in its present form will allow Europe to keep up with the US.
There is a clear summary at EurActive.com.
In tomorrow's second reading, a clear majority of 367 votes is required for any amendment to be passed by the European Parliament. The outcome has historic implications for the future of software development in Europe. A good place to follow the latest news is FFII's Software Patent News
WikiSysop 11:14, 5 Jul 2005 (BST)
Update
A motion to block the CII directive altogether was adopted by 648-14 with 18 abstentions, after overnight discussions in which all the main contenders agreed that a directive nobody can agree upon would be the worst option. The European Commission responded by stating that no further legislation will be prepared to replace the defeated directive.
JohnIngleby 14:19, 6 Jul 2005 (BST)
Where does this leave the issue of software patents?
Associated Press and BBC report on the aftermath.
The granting of patents will continue to be decided by national patent offices and local case law.
The interesting thing is that the issue of software patents has become high-profile, and many more people are conscious of the dangers that patent law presents to the software industry, and to free software in particular.
Another positive outcome is that attention has been drawn to the UK software patents that have already been granted.
The battle for software freedoms will continue on two fronts. One area of activity is to restrain the enthusiasm of the UK and European Patent Offices for patenting software, which the CII directive would have sanctioned, by making the patent offices more accountable. At present, the UKPO seems to be accountable only for returning a profit to the Treasury, and appears to view the software industry as a freshly discovered goldmine. This is an area where lobbying MPs will be required.
On the second front, MEPs are calling for the EU Commission to work on a general "Community Patent Directive" that would cover all types of patent - see statements from Andrew Duff MEP and Mrs. Piia-Noora Kauppi who both opposed the CII directive.
JohnIngleby 10:50, 7 Jul 2005 (BST)
Bill Thompson has written a thoughtful followup BBC Technology article.
JohnIngleby 16:46, 16 Jul 2005 (BST)
