Copy of a letter in today's Daily Telegraph: Sir - The political parties in the European Parliament will be deciding this week on how to vote on the draft Directive on Computer Implemented Inventions (CII). There has been much scaremongering that this directive will introduce "software patents". It will not - it does not move the goalposts at all.
The proposals agreed by the Council of Ministers (the "Common Position") will merely harmonise existing arrangements into one European framework. This is welcome.
However, some groups are attempting to use this as an opportunity to cut back what is currently patentable. These harmful proposals, championed by the French MEP Michel Rocard, would put at risk vast numbers of CII patents already granted. Innovations in Europe's high-tech electronics sector would no longer be patentable. To suggest, as M Rocard does, that an invention is only an invention when it is "tangible" demonstrates a lack of understanding of how technology works today.
The ability to patent inventions gives companies the incentive to invest in research and to protect the fruits of their work from exploitation by others. This is especially true of small and medium sized enterprises, which need patents to be able to raise investment.
Roger Benson (FREng), Chairman, Parostech, Ian Bowles, SVP Operations, Clearswift, Bill Brindle, CEO, Speed-trap, Sir John Chisholm, Chief Executive, QinetiQ Ltd, Luc Defieuw, Chief Executive Officer, Alcatel UK & Ireland, Warren East, Chief Executive Officer, ARM Holdings Plc, Paddy Falls, CTO, iOra, Stuart Green, CTO, ZOO Digital Group plc, Jacqueline Hey, Managing Director, Ericsson Ltd, Brenda Hopkins, Chairman FeONIC plc, Peter J Maskell, Chairman & Managing Director, Philips Electronics UK Ltd, Dr. Tony Milbourn, Managing Director, TTP Communications PLC, Mike Parton, CEO, Marconi Corporation Plc, Benjamin P Van Every, Managing Director, Abattia Group Limited, Alan Wood CBE, Chief Executive, Siemens plc, John Woodget, Managing Director, Intel Corporation (UK) Ltd
And a copy of an email sent to me by my MEP:
Dear Mr Burgess-Parker,
Thank you for your email on software patents.It is important to make it clear that this Directive is not intended, in any way, to open new patent opportunities for software.Its intention is quite the opposite.It will clarify existing EU Patent Law and provide patent inspectors with a common framework within which to examine and if appropriate, grant patents for genuine innovations involving digital technology.An explicit objective of the proposal is to ensure that computer software or business methods that do not involve new innovative concepts, making a technical contribution, are excluded from patents.This will give the EU a distinctive and different position from the US and Japan.
The Legal Affairs Committee of the Parliament, which leads on the dossier, has now adopted a number of amendments, most of which improve the effectiveness of the Directive in excluding pure software and business methods from patentability.Important amendments safeguarding interoperability have also been passed.These have been supported by many open source proponents.
In the final vote, we will continue to support amendments that will deliver a balanced outcome that encourages European innovation and competitiveness, while safeguarding the position of software developers.We are especially concerned to protect innovative companies, especially small firms using digital technology to produce original technical solutions.
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Re:Clear as mud
Posted by: gendibal on June 30, 2005 07:04 PMSir - The political parties in the European Parliament will be deciding this week on how to vote on the draft Directive on Computer Implemented Inventions (CII). There has been much scaremongering that this directive will introduce "software patents". It will not - it does not move the goalposts at all.
The proposals agreed by the Council of Ministers (the "Common Position") will merely harmonise existing arrangements into one European framework. This is welcome.
However, some groups are attempting to use this as an opportunity to cut back what is currently patentable. These harmful proposals, championed by the French MEP Michel Rocard, would put at risk vast numbers of CII patents already granted. Innovations in Europe's high-tech electronics sector would no longer be patentable. To suggest, as M Rocard does, that an invention is only an invention when it is "tangible" demonstrates a lack of understanding of how technology works today.
The ability to patent inventions gives companies the incentive to invest in research and to protect the fruits of their work from exploitation by others. This is especially true of small and medium sized enterprises, which need patents to be able to raise investment.
Roger Benson (FREng), Chairman, Parostech, Ian Bowles, SVP Operations, Clearswift, Bill Brindle, CEO, Speed-trap, Sir John Chisholm, Chief Executive, QinetiQ Ltd, Luc Defieuw, Chief Executive Officer, Alcatel UK & Ireland, Warren East, Chief Executive Officer, ARM Holdings Plc, Paddy Falls, CTO, iOra, Stuart Green, CTO, ZOO Digital Group plc, Jacqueline Hey, Managing Director, Ericsson Ltd, Brenda Hopkins, Chairman FeONIC plc, Peter J Maskell, Chairman & Managing Director, Philips Electronics UK Ltd, Dr. Tony Milbourn, Managing Director, TTP Communications PLC, Mike Parton, CEO, Marconi Corporation Plc, Benjamin P Van Every, Managing Director, Abattia Group Limited, Alan Wood CBE, Chief Executive, Siemens plc, John Woodget, Managing Director, Intel Corporation (UK) Ltd
And a copy of an email sent to me by my MEP:
Dear Mr Burgess-Parker,
Thank you for your email on software patents.It is important to make it
clear that this Directive is not intended, in any way, to open new
patent opportunities for software.Its intention is quite the opposite.It
will clarify existing EU Patent Law and provide patent inspectors with a
common framework within which to examine and if appropriate, grant
patents for genuine innovations involving digital technology.An explicit
objective of the proposal is to ensure that computer software or
business methods that do not involve new innovative concepts, making a
technical contribution, are excluded from patents.This will give the EU
a distinctive and different position from the US and Japan.
The Legal Affairs Committee of the Parliament, which leads on the
dossier, has now adopted a number of amendments, most of which improve
the effectiveness of the Directive in excluding pure software and
business methods from patentability.Important amendments safeguarding
interoperability have also been passed.These have been supported by many
open source proponents.
In the final vote, we will continue to support amendments that will
deliver a balanced outcome that encourages European innovation and
competitiveness, while safeguarding the position of software
developers.We are especially concerned to protect innovative companies,
especially small firms using digital technology to produce original
technical solutions.
Yours sincerely,
Philip Bradbourn OBE MEP
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