eGov news: EU Member States approve patentability of computer-implemented inventions

[Carsten Svaneborg <zqex@mpipks-dresden.mpg.de>]

http://europa.eu.int/ISPO/ida/jsps/
index.jsp?fuseAction=showDocument&documentID=2558&parent=chapter&preChapterID=0-140-194

The compromise text, proposed by the Irish Presidency in January 2004 and now 
approved by the Council by qualified majority (with the Austrian, Italian and 
Belgian delegations abstaining and Spain voting against), contains 
alternative suggestions to the amendments introduced by the Parliament and 
lifts most restrictions to the direct patentability of computer programs, 
data structures and process descriptions. Under this text, 
"computer-implemented" algorithms and business methods, protocols and data 
formats would be inventions in the sense of patent law, and the publication 
of a functional description of a patented idea, even for interoperability 
purposes, would constitute a patent infringement.
:
The draft Directive on the Patentability of Computer-Implemented Inventions 
seeks to harmonise Europe's rules in the field of intellectual property 
regimes for computer programmes, with a view to create a secure and coherent 
environment favourable to research and development. Amidst intense debates 
and heavy lobbying campaigns opposing large corporations to smaller companies 
and open source advocates, the European Parliament approved the draft on 
24/09/2003, but only after introducing a number of amendments reducing the 
scope of patent protection far more than what was planned in the original 
text proposed by the European Commission and than what most European 
governments would like. The amended version approved by the Parliament was 
welcomed by small businesses and developers but strongly criticised by bigger 
players in the ICT industry.

-- 
  Mvh. Carsten Svaneborg
http://www.softwarepatenter.dk