Opponents warn European software patents are back on horizon

[Benjamin Henrion <bh@udev.org>]

Opponents warn European software patents are back on horizon

Will a new European court pave the way for software patents?
James Murray, IT Week 13 Sep 2006

Anti-software-patent campaigners have warned that US-style software
patents could become widespread in Europe after a proposed European
Patent Litigation Agreement (EPLA) featuring plans for a new European
patent court secured support from the European Commission.

Speaking at an informal meeting of the Economic and Finance Council of
the European Union (EU) in Finland this month, internal market
commissioner Charlie McCreevy said he was committed to advancing
Community Patent legislation to harmonise patent law across the EU and
bringing the current EPLA negotiations to a conclusion.

Anti-software-patent campaigners won assurances from the European
Commission earlier this year that European law would not be amended to
accept software patents. However, they remain fearful the EPLA and its
planned creation of a new European patent court to rule on litigation
arising from patents granted by the European Patent Office (EPO) will
strengthen the EPO and its practice of approving pure software patents.

Florian Mueller, founder of anti-software-patents web site
Nosoftwarepatents.com, said the new court would increase the likelihood
of software patents in Europe. "The EPO recently upheld a Microsoft
software patent on clipboard data formats and we fear it will continue
to grant pure software patents," he said. "Up to now national courts
have tended to reject these patents, but under the EPLA the new court
could displace these national courts. "

Mueller added that there were likely to be close links between the new
court and the EPO, making it more likely to uphold the EPO's software
patents. Mueller and other anti-software-patent lobbyists believe
software patents would stifle innovation and competition, ultimately
leading to higher prices.

However, McCreevy insisted in his speech that a new court delivering
unified jurisdiction for patents granted by the EPO "would offer
valuable cost savings and increase certainty in regard to patent
application".

He was supported by Leo Baumann of IT industry lobby group EICTA, who
argued that with the European Commission unable to agree on a harmonised
patent law the EPLA promises a potential solution to Europe's currently
fragmented patent environment.

Baumann added that the new court was not intended to "codify software
patents ", but it was hoped it would provide better intellectual
property protection for inventions with embedded software, such as
mobile phones and satellite navigation systems.

-- 
Benjamin Henrion <bhenrion@ffii.org>
FFII Brussels - +32-484-566109 - +32-2-4148403