EU Amends Software Patent Directive (Suggestions)

jopet writes "The EU has amended its draft proposal for a directive on how to handle patents on "computer-implemented inventions'. Several harsh points have been dropped and clarifications on what is patentable at all have been added. Good to see that protests and petitions can make a difference." YHBT. These are the suggestions from June.

Comments

Old draft from June

[Anonymous Coward]

It says clearly that the draft is from 18th June 2003 in the top left corner. So how can this be news? Does *anybody* REALLY know/care if all those petitions against eu-it-patents are really still relevant? Does the right hand know what the left hand does? Do petition site owners know what place their petitions belong to? A MEP or (already!) the toilet? I don't know...

article 4a: exclusions from patentability

[sandman4k]

One of the most important amendments they added is article 4a:

Exclusions from patentability:

A computer-implemented invention shall not be regarded as making a technical contribution merely because it involves the use of a computer, network or other programmable apparatus. Accordingly, inventions involving computer programs which implement business, mathematical or other methods and do not produce any technical effects beyond the normal physical interactions between a program and the computer, network or other programmable apparatus in which it is run shall not be patentable

Main Amendments

[Marlor]

As far as I can see, here are the amendments that will have the most impact:

(13a) However, the mere implementation of an otherwise unpatentable method on an apparatus such as a computer is not in itself sufficient to warrant a finding that a technical contribution is present. Accordingly, a computer-implemented business method or other method in which the only contribution to the state of the art is non-technical cannot constitute a patentable invention.

(13b) If the contribution to the state of the art relates solely to unpatentable matter, there can be no patentable invention irrespective of how the matter is presented in the claims. For example, the requirement for technical contribution cannot be circumvented merely by specifying technical means in the patent claims.

Article 4a - Exclusions from patentability:
A computer-implemented invention shall not be regarded as making a technical contribution merely because it involves the use of a computer, network or other programmable apparatus. Accordingly, inventions involving computer programs which implement business, mathematical or other methods and do not produce any technical effects beyond the normal physical interactions between a program and the computer, network or other programmable apparatus in which it is run shall not be patentable.

Article 6a
Member States shall ensure that wherever the use of a patented technique is needed for the sole purpose of ensuring conversion of the conventions used in two different computer systems or network so as to allow communication and exchange of data content between them, such use is not considered to be a patent infringement.

So, business methods and algorithms are not patentable, and normally unpatentable inventions cannot be patented just because they are implemented in a novel way.

Also, an exemption has been added whereby you can't be charged with patent infringement if you are simply attempting to achieve interoperability with another program.

Quite a few of the major issues with the legislation have been fixed. I am surprised... politicians have actually listened to the complaints, and not just made token changes.

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[account_deleted]

Comment removed based on user account deletion

The Good, The Bad and The Ugly: FFII take on it

[TeXMaster]

An analysis of these amendments is available here

This is NOT the version they will vote on.

[klokan]

This is the draft version of June 18, which is the one that was supposed to be voted on on 1st September. That vote has been postponed and new changes have been made. Let's wait the real thing, before commenting any further.