(Fwd) [Fsfe-ie] Irish proposal on software patents passed

Wim De Smet fragmeat at yucom.be
Thu May 20 08:37:06 UTC 2004

On Wed, 19 May 2004 18:20:13 +0100
João Miguel Neves <joao at silvaneves.org> wrote:
> A Qua, 2004-05-19 às 15:38, Wim De Smet escreveu:
> > Important to note, two things:
> > - the resolution will now go back to parliament (so it can still
> > change)
> Yes. But the process is more limited in terms of time and in which
> amendments can be voted.

True, but no need to get hysterical about the whole thing.

> > - it's a slightly less bold version than the one they started it.
> > There are some safeguards against pure software patents (but
> > probably not enough). So there is still hope in ending with a decent
> > proposol.
> > 
> You've been reading Bolkenstein's press release. That's not true.
> There's no safeguard in requiring an "inventive step" or a "technical
> contribution if you don't define those terms. Those terms are already
> used today in EPO's practice. Have you seen any safeguard against pure
> software patents there?

In today's system, pure software patents are explicitly banned. People
do get them but that doesn't mean they're valid. Now while the changes
to the original proposal obviously won't go far enough, I was just
pointing out that there is some awareness of the problem at the higher
end. I agree with you that it's not a good proposal, but if the EP
fights it again the EC will have to come to some kind of compromise with
them. Hopefully this would turn out for the best for us.


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