BLOG@IP::JUR

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

Disclaimer & About This Website

Visit the archives

Wednesday, August 03, 2005

Some Sabre-Rattling in the Web: Mr. Stallman and Mr. Pilch on European Patent Policy.

Mr. Stallman writes:

"[...] The directive on "computer-implemented inventions" is dead but software patents in Europe are not. We have not defeated the pro-patent forces, only driven them off. They decided to avoid a showdown at that time and place, but that does not mean they have given up. We do not know when or how they will be back, but we must not assume they will use the same methods or that we have years to prepare.

This battle has implications far beyond the software field. Our years-long fight has shown how undemocratic the EU is. It is a system in which bureaucrats can make decisions that, practically speaking, the public can never reverse.

[...]

Europe may or may not use the opportunity of the present impasse to adopt a more democratic constitution, but software users in Europe must not fail to make use of the breathing space they have gained. This is not the time to relax and celebrate. It is the time to strengthen the anti-software-patent movement in Europe to meet the next assault."

And Mr. Pilch of FFII recently

wrote:

"[...] We have won a defensive battle, but the European Patent Office continues to insist on the unlawful patenting practise to which the European Parliament has said a clear No. There will without doubt be further attempts by the European patent establishment to impose this practise on national courts via EU law, or even simply by institution of a EU patent court or a Community Patent. It must be clear that such institutions must not be created before the problems of the EPO are solved. During the next years and months we will continue to need support from all political players in building up pressure to solve these problems. We now have nearly 2000 companies signed up as Economic Majority supporters, but we must reach a hundred times this amount, and we must knit these supporters into a close network with much greater organisational capability than before.

Small and medium enterprises are the powerhouse of innovation and employment in Europe's information economy. The continued patent threat will hopefully have one positive effect: It will make the Economic Majority aware of its political responsibilities. It is this majority of players that must find answers to a large range of problems connected to the EU's goals of "becoming the most competitive knowledge economy". [...]"

Time will show what really is set to happen after the summer break.

[Permalink]

Maybe asking the 3 Patent Lawyers of DG Markt and McGreedy to submit a new proposal about patents on "crappy-implemented inventions"?

Or putting this nightmare in the Community Patent so as to dilute the fight against swpat?

Solution 2 is definitely another nightmare.

# posted by zoobab : 08 August, 2005 02:39