Re: [Patents] community patent

[<xdrudis@tinet.org>]

> Can anybody tell me about "Community patent". Like I understand, 
> this has nothing to do with EC directive about software patents 
> and it is based on the EPC??

I don't follow the Community Patent closely, but, in a nutshell:
CP is a cheaper patent that will be granted for all the EU, not selected
member states. 
This will raise patent inflation, and since the EPO will be in charge, 
it will multiply it's problems. 
It also implies more linguistic discrimination than already present 
in the system. 

So it is not a problem in itself, it's more like a multiplier of 
problems. If the EPO was working to the benefit of society it might
be a multiplier of benefits.

> And the Community patent is being 
> prepared by the Council of the EU? 

I think they'll mostly agreed already. 

>What does this Community patent 
> "thing" say about software patents? 
> 
IIRC nothing, except giving more authority to the EPO.

> 
> And in overall it is also difficult to understand... EPC (which 
> does not allow to patent programs) and this planned directive?? 
> Which one will be more important? EPO will follow which one? 
> Courts will follow which? 

There are 2 directive, IIRC they are not contradictory with each other, 
courts 
may follow both. The swpat directive is in contradiction with the EPC.
I think the EPC will have to be changed (or has already?, I think not)
to include the EU as a contracting "state" for the swpat Directive, 
but this is already contemplated in the directive.

CP also puts a new higher court in charge, the Luxembourg court. This
may be good or bad, depending on how it is appointed and how it works.


The Parliament is consultive only in the Community Patent directive,
it is not under codecision like the swpat directive.

http://wwwdb.europarl.eu.int/oeil/oeil_ViewDNL.ProcViewCTX?
lang=2&procid=4446&HighlighType=2&Highlight_Text=community{_SPACE_}
patent
http://eurolinux.ffii.org/news/cpat01B/