Patentability of CII: New Documents from the EU Council.
The EU Council has publised an amended version (Document 11979/1/04 REV 1 ADD 1) of a Draft Statement of the Council's Reasons concerning the Common position adopted by the Council on 7 March 2005 with a view to the adoption of a Directive of the European Parliament and of the Council on the patentability of computer-implemented inventions. The text concludes:
"[...] In its common position, the Council has taken over a considerable number of amendments proposed by the European Parliament. Throughout the common position, the Council has sought to strike a reasonable and workable balance between the interests of rightholders and those of other parties concerned. The overall balance of the Council’s common position has been acknowledged by the Commission, which has accepted it as a satisfactory compromise package. [...]"
Moreover, the Council has published another Document 16120/04 ADD 4 exhibiting an Annex with the text of two additional statements for entry in the minutes of the meeting of the Council (Competitiveness) of 7 March 2005:
"[...]Statement by Denmark
Denmark supported the compromise reached in the Council in May 2004 concerning the proposal for a Directive on the patentability of computer-implemented inventions, on the basis that it would ensure clearer rules in this field and that a codification of existing practice took place, while at the same time preventing patentability of non-technically products.
It is on this basis that Denmark through the Council will participate in future negotiations on the proposal with the European Parliament. In this context, Denmark attaches particular importance to ensuring access to interoperability, that only technical inventions can be patented and that neither pure software nor business methods can be patented. In the future negations Denmark will therefore work to ensure that these elements are reflected in the text in a balanced way.
Statement by the Republic of Cyprus
With regard to the proposed Directive on the patentability of computer-implemented inventions though the government of the Republic of Cyprus supports the goals laid down therein especially the harmonization of diverse/different practices in the said area in the EU member states, the improvement of transparency and strengthening legal certainty and clear conditions for the protection of computer implemented inventions, nevertheless the proposed Directive should offer more clarity on which inventions are patentable and which are not. This is of paramount importance for individuals, organizations and particularly small and medium sized enterprises active in the area of information technology and the development of the domestic industry thus enhancing competitiveness and strengthening the research area. [...]"
Feel free to contact PA Axel H Horns via e-mail
horns@ipjur.com. BEWARE: DO NOT SEND CONFIDENTIAL INFORMATION UNENCRYPTED VIA E-MAIL. USE OF ENCRYPTION SOFTWARE IS HIGHLY RECOMMENDED. PA AXEL H HORNS IS PROVIDING SUPPORT FOR ENCRYPTED E-MAIL MESSAGES USING PGP OR PGP COMPATIBLE FORMATS. THE PGP PUBLIC KEY FOR PA AXEL H HORNS IS AVAILABLE
HERE. THE GnuPG PUBLIC KEY FOR PA AXEL H HORNS IS AVAILABLE
HERE.
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 11979/1/04 REV 1 ADD 1) of a Draft Statement of the Council's Reasons concerning the Common position adopted by the Council on 7 March 2005 with a view to the adoption of a Directive of the European Parliament and of the Council on the patentability of computer-implemented inventions. The text concludes:
