More hidden Documents of the General Secretariat of the EU Council.
The General Secretariat of the EU Council has prepared an unpublished Document 14378/04 concering "Software patents (or Directive on the patentability of computer-implemented inventions COM(2002)0092/final)" "Software patents" "Political agreement of the Council on the proposal for a directive on the patentability of computer-implemented inventions" in view of "PRELIMINARY DRAFT REPLY TO ORAL QUESTIONS - WITH DEBATE - N° O-0055/04 put by Daniel Cohn-Bendit, Evelin Lichtenberger and David Hammerstein Mintz, on behalf of the Verts/ALE Group, and N° O-0060/04 put by Paul Coûteaux and Patrick Louis, on behalf of the IND/".
[UPDATE] Obviously the above-mentioned Document 14378/04 is related to Document B6-0020/04 of the European Parliament:
"4 November 2004 B6-0020/04
ORAL QUESTION WITH DEBATE O-0055/04 pursuant to Rule 108 of the Rules of Procedure by Daniel Cohn-Bendit, Evelin Lichtenberger and David Hammerstein Mintz, on behalf of the Verts/ALE Group to the Council
Subject: Software patents (or Directive on the patentability of computer-implemented inventions COM(2002)0092/final)
On 18 May 2004, the Competitiveness Council reached political agreement on a common position on the Directive on the patentability of computer-implemented inventions (COM(2002)0092/final1). However, despite translation into all the EU languages, the adoption of its final version is still pending.
1. What is the reason for the delay in the adoption of the text? Can the Council indicate why its spokespersons invoke translation problems, although translations are available on the Council’s website and sources from one permanent representation indicate that it will be sent back to COREPER, given the current disagreements?
2. Is it still appropriate to have this dossier entered on the agenda as an A item when (a) the Netherlands Government has been asked by its national parliament to withdraw its support for the Directive and (b) the Polish delegation was not asked in the second and decisive round? The delegation said that, if asked in the second round, it would have abstained as it already had in the first round.
3. Can the Council indicate why numerous amendments (such as 36, 72, 76, 107, 108, 111 and 119) tabled by the EP have not been taken into account, with the result that the current draft authorises software patents, although this was unconditionally rejected by the EP?"
It looks as if the Council is prepareing a suitable response.
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Dipl.-Phys. Axel H Horns is Patentanwalt (German Patent Attorney),
European Patent Attorney as well as European Trade Mark Attorney. In particular, he is Member of:
Document 14378/04 concering "Software patents (or Directive on the patentability of computer-implemented inventions COM(2002)0092/final)" "Software patents" "Political agreement of the Council on the proposal for a directive on the patentability of computer-implemented inventions" in view of "PRELIMINARY DRAFT REPLY TO ORAL QUESTIONS - WITH DEBATE - N° O-0055/04 put by Daniel Cohn-Bendit, Evelin Lichtenberger and David Hammerstein Mintz, on behalf of the Verts/ALE Group, and N° O-0060/04 put by Paul Coûteaux and Patrick Louis, on behalf of the IND/".
