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BLOG@IP::JURPatent Attorney Axel H Horns' Blog on Intellectual Property Law.
Saturday, October 23, 2004German Parliament mooting Common Position on Patentability of Computer-Implemented Inventions.In the plenary session of October 21 the lower house of the German Parliament ("Bundestag") did not take a vote on any of the draft resolutions ( FDP, CDU/CSU) tabled by the various parlamentary groups. Instead, a multi-partisan approach for a joint resolution on the patentability of computer-implemented inventions was envisaged. A number of parliamentarians expressed their concerns about potential negative effects of patenting computer-implemented inventions. The deliberations between representants of all parliamentary groups involved will take place behind closed doors, and results are expected to be visible perhaps as early as next week. It would not be very surprising if such a joint multi-partisan draft resolution would attempt to narrow the scope of patentability by providing a definition of the concept of "technical contribution".
On the one hand, if the German Parliament would pass such a resolution, this might be a strong signal to the European Parliament how a political compromise between the EU Council's position and the outcome of the first reading of the European Parliament might look like. On the other hand it is well known that in most European countries there is a strong aversion against any closed definition of "technicality" because of many experts think that this concept should be left open in order to cope with future developments in the course of the technical progress. See also Heise-Newsticker [in German only, sorry].
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