EU Software Patents Directive: Comments?
Master Of Ninja writes "The EU has recently published a directive on software patents. Now the UK patent office wants comments on the draft directive, and specifically how they relate to the conclusions of a UK consultation on software patents. The patent office has set up a page detailing the work of the EU Directive and their stance on it. I also received an email today (Note -- this email below) asking for comments on this topic (which I will post here, as it is not on the website, and as it is in everyone's favourite .doc and .pdf formats).
The directive, if enforced, will become "law" throughout the EU, so here's a chance to influence how software patents are enforced in an area covering hundreds of millions of people. The comments should be sent to policy@patent.gov.uk as it says in the letter. Hopefully there will be someone wanting to comment on this since the last time the UK government wanted advice on open source software, only 7 comments were put in. Flamers and trollers need not apply."
EUROPEAN COMMISSION PROPOSAL FOR A DIRECTIVE ON THE PATENTABILITY OF COMPUTER-IMPLEMENTED INVENTIONS
In March last year the Government published its conclusions on whether patents should be granted for computer software or ways of doing business, following a consultation exercise. The central conclusion was "to reaffirm the principle that patents are for technological innovations. Software should not be patentable where there is no technological innovation, and technological innovations should not cease to be patentable merely because the innovation lies in software." But an urgent need to clarify the law was identified. Ways of doing business should remain unpatentable. The Government's conclusions are available at http://www.patent.gov.uk/about/consultations/concl usions.htm
Since then the Government has been pressing the case for action at European level, and last month the European Commission published its long-awaited proposal for a directive, available at http://europa.eu.int/comm/internal_market/en/indpr op/02-277.htm
The Patent Office invites views on how far the proposal for a directive meets the objectives set out in the Government's conclusions. In particular, we would welcome comments on:
whether the proposal is clear;
whether it deals clearly and satisfactorily with computer-implemented business methods where the inventive step is in the business method;
the treatment of the form of claim, in relation in particular to claims for programs.
We would welcome comments by Friday 7 June. These should be emailed to policy@patent.gov.uk or posted to:
Robin Webb
Room 3 B 40
The Patent Office
Concept House
Cardiff Road
Newport
NP10 8QQ
The directive, if enforced, will become "law" throughout the EU, so here's a chance to influence how software patents are enforced in an area covering hundreds of millions of people. The comments should be sent to policy@patent.gov.uk as it says in the letter. Hopefully there will be someone wanting to comment on this since the last time the UK government wanted advice on open source software, only 7 comments were put in. Flamers and trollers need not apply."
"Many of the responses supporting a more restrictive approach than at present [...]. Although this group numerically dominated (90%) the response, the major sectoral bodies representing the information and communication technology industries, as well as many of the Member States, all supported the approach put forward by the discussion paper."
So, even if 90% of the comment are AGAINST software patent, it doesn't seems to really trouble the commission.
So much for the democracy.
Why would it be different here ?