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July 6, 2005
EU Parliament Votes Down Software Patents, 648-14
Posted by Jason Schultz
Big news. As reported by the BBC, the European Parliament has voted down the Computer-Implemented Inventions Directive, a law that would have given broad authority to the European Patent Office to start issuing US-style software patents in the EU. Rejection of this law is a huge, huge victory for innovation.
In particular, it's great to see the European Parliament realize that while software patents can spur some incremental innovation amongst coders, they often also inhibit wide adoption of new technologies, entry of start-ups into new markets, and the essential lifeblood of any network -- interoperability of programs and data. Kudos to the MEPs for standing strong on this issue in the wake of intense pressure to maximize patent protection at the expense of competition and universal access to knowledge. Kudos also to FFII, FSF, and all the other organizations that worked so hard to shed light on the true effects this misguided law could have.
A caveat: This vote doesn't outlaw software patents in the EU; it just doesn't officially sanction them. The European Patent Office will now have to decide on its own how to handle these issues, which should be interesting. Over the years, the EPO has granted some but not all software patents applied for, and has tended to do so on a haphazard basis. Hopefully, with such a resounding vote, it will curtail most if not all such grants. We'll see.
Comments (4)
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1. Tom on July 6, 2005 12:49 PM writes...
My understanding of the issue is quite different. Software patents are regulated by the European Patent Convention, Article 52, which states that "programs for computers" "as such" "shall not be regarded as inventions". The EPO has decided that a program which does something is not a program "as such" and thus may be patented. However, EPO decisions are binding only on the EPO, not EPC signatories, and various national courts have rejected the EPO's bizarre interpretation of Article 52. The CII directive was designed to legitimize and give force to present EPO malpractice.
In light of Europarl's rejection, the EPO might find it too difficult to pretend that they have political will or the text of the EPC on their side, but more likely it will be status quo while the patent lobbies will direct their efforts toward the national parliaments.
Permalink to Comment2. Branko Collin on July 6, 2005 3:24 PM writes...
Currently the countries that reject EPO's rationalization are presumably paying for the maintenance of that same EPO. It would be wise if they reconsidered their contribution; after all, they are paying the EPO for work that they do not want done.
The EU website has published a number of interesting soundbites from MEPs (via Slashdot comments).
Permalink to Comment3. 2010: Poverty Elimination on July 6, 2005 4:05 PM writes...
Big news
Permalink to Comment4. 2010: Poverty Elimination on July 6, 2005 4:08 PM writes...
Big news!
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