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- From: PILCH Hartmut phm@a2e.de
- Subject: [Patents] Re: [News] Dutch Secretary Of State answers VOSN letter
- Date: Sun, 17 Dec 2000 16:39:56 +0100 (CET)
> (Also, the secretary mentions that some part of article 52 was changed
> to conform to the TRIPS agreement, to state that only technology can be
> patented. Can someone explain what & how?)
not "only technology".
Art 52(1) was changed to read
"European patents are available for any inventions in all fields of
technology, if they are new, inventive and susceptible of industrial
application."
This doesn't mean "only technology" but "at least everything that the EPO
considers to be technology, plus perhaps some other things too".
The public letter of FFII strongly opposed this TRIPS formula, but we
didn't get an answer from the German Ministery of Justice. Within TRIPS,
the formula is OK, because it is just an abstract statement about
non-discrimination, and the definitions of the main terms are open to be
decided by the signatory states. Now, by writing this into the EPC, the
European governments seem to have made it clear that they
(1) are not interested in applying restrictive defintions to the main
terms but want to leave everything to the EPO.
(2) want to set only a lower limit, not an upper limit to patentability
(3) want this lower limit to be used to void any exception that is still
kept in the list in Art 52(2) for cosmetic purposes.
The reason that they "want" all this is plainly that they don't care and
don't want to quarrel with their patent bureaucrats.
The position to your Dutch minister is equal to the position of the German
Ministery of Justice. The issue here is in the hand of patent lawyers,
just as at the EC directorate for the internal market. They do not care
about the effects of software patents. Their concern is how to keep on
extending their system and avoid having to revise things that have been
done in the past. Of course they do fear a bit that they could be held
responsible by the press, so they must at least pretend that what they are
doing will not lead to "a situation like in the US".
-phm
- [Patents] Re: [News] Dutch Secretary Of State answers VOSN letter, PILCH Hartmut phm
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