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BLOG@IP::JURPatent Attorney Axel H Horns' Blog on Intellectual Property Law.
Thursday, November 25, 2004Strange Discrepancies in Consolidated Text Versions of Draft Directive on Patentability of Computer-Implemented Inventions.On October 06, 2003, the General Secretariat of the EU Council had published Document 11503/03 with a consolidated Version of the Draft Directive on the patentability of computer-implemented inventions incorporating the numerous amendments as endorsed by the European Parliament in its plenary session on September 24, 2003. This version comprises, on page 16, an Article 6a which is said to be included on the basis of Amendment 76:To my surprise I was made aware by a reader of my blog of the fact that a corresponding text file with another consolidated version in Document P5_TA(2003)0402 (this one on the web server of the European Parliament) does not comprise that Article 6a. Nor does another Document EP-PE_TC1-COD(2002)0047 also available via the web server of the European Parliament.
Confusingly, Amendment 76 is also mentioned in Document 13955/03 of the EU Council. It should not have been mentioned there if not accepted by the Parliament. Also the Provisional edition of Parliament Document P5_TA-PROV(2003)09-24 mentions Amendment 76 together with Article 6a. Finally, also the compaigners of the FFII e.V. seem to assume that Amendment 76 creating Article 6a has been endorsed by the European Parliament.
Has the final version of the consolidated text in the version of the European Parliament been corrected at some later time? Regrettably the administration of the European Parliament seems to have removed the original voting list from their web server to which I had provided a link  here. I think that it is the wrong policy to remove such details from the web server; hard disk storage is cheap today, why removing and data elements once made available to the general public?
So, the question seems to be: Is Article 6a indeed be part of the Parliament's position or not? [UPDATE] Another reader of this Blog has made me aware of the fact that for some reason the numbering of the Articles in the Parliament's consolidated text version differs. Article 6a is now Article 9, and other parts of the original draft now have different numbers.
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