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Patent Attorney Axel H Horns' Blog on Intellectual Property Law.

 

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Sunday, February 06, 2005

 

UK-CIPA on Patentability of Computer-Implemented Inventions (CII).

EXTERNAL LINKThe Chartered Institute of Patent Agents (CIPA) is a professional body representing Patent Attorneys in the UK. Concerning the fate of the Draft EU Directive on patentability of computer-implemented inventions EXTERNAL LINKthey wrote:
"[...] Bruce Alexander, President of the Chartered Institute of Patent Agents (CIPA) was deeply disappointed on hearing the news that the European Parliament's Legal Affairs Committee had voted to ask for the directive on the continued patentability of computer-implemented inventions to be sent back to first reading. He said 'At best this will mean a further year or more of uncertainty for Europe’s IT sector. At worst it could result in there being virtually no legal protection in this area.' Bruce went on to say 'If the European Parliament thinks it has helped the European economy in any way by making this decision, it is badly mistaken'.

Another CIPA spokesman and IT expert, Dr Simon Davies, said in a recent statement 'The country with the most software patents, namely the US, also has the most dynamic, innovative, and economically productive software industry. In addition, Europe's most successful hi-tech ICT industry is telecommunications, which likewise has a large number of patents, many implemented by computer programs. In short, the patent system stimulates investment by rewarding innovation and creation - something that is of growing importance for Europe as countries like India and China increasingly provide low-cost alternatives for implementation. For this reason, the main industry bodies in the UK all support the continued patenting of computer-implemented inventions in Europe. The specific intention of the proposed Directive is to enshrine existing case law into statute and there is widespread acceptance that current practice is working well.'

Bruce Alexander went on to say 'I accept the patent system is not perfect, and I note that in the USA there is a sensible debate about whether it can be fine-tuned. Unfortunately, the European Parliament has moved the debate away from fine tuning to fundamental issues which we hoped were already settled'. [...]"

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