Most recent full copy of Directive on patentability of computer implemented inventions

Niall Douglas s_fsfeurope2 at nedprod.com
Thu Aug 14 00:31:09 UTC 2003


On 14 Aug 2003 at 1:12, João Miguel Neves wrote:

> > Once it's done though, it's done. We must have software patents.
> > Luckily, the TRIPS wording as to what they must entail is quite
> > vague.
>
> WRONG. There's nothing in TRIPS forcing software patents, no matter
> how many people repeat that mistake:

It says they must for "inventions for all fields of technology" if I 
remember. Ok, you can argue that software isn't an invention, but 
you're on thin ground because software can be an industrial tool. And 
since any software program could be implemented purely in 
electronics, you're scuppered because if an electronic machine can be 
patented (it can), and you can implement some of it in software, ipso 
facto software must be patentable. Wasn't there some German court 
ruling on this?

Anyway, it's a null point. All the MEPs think it needs patenting. And 
they would sound incredulous if you tell them TRIPS doesn't mandate 
it.

> If you're talking to MEPs, please coordinate with europarl at ffii.org.
> There are MEPs that are going to table ammendments that haven't been
> presented yet, and it could be helpful to put the MEPs you're
> contacting with others from the same political group.

First time I've heard of that list. When did it arise?

Cheers,
Niall




More information about the Discussion mailing list