Together with the European Commission (CEC) and the European Parliament (EuroParl), the CEU is one of the three pillars of the European Union, which jointly legislate in a co-decision procedure. It is a forum where the national governments and their specialised ministries meet. The question of how to limit patentability is handled in the "Council Working Party on Intellectual Property and Patents". This council has been holding increasingly frequent meetings to discuss the European Commission's proposal for a software patentability directive and come up with a counter-proposal. The national delegations are mostly composed of national patent office representatives or people whose career path is confined to the national patent establishment and who are factually dependent on this establishment in many ways. Some delegations, such as the french and belgians, have comprised independent delegates and been fairly critical of the CEC proposal. Others have been even more pro-patent than the CEC. All have focussed on textual questions and caselaw rather than on what kind of output they want from the legislation in terms of patents granted/rejected and economic policy objectives.

CEU/DKPTO 2002/09/23..: Software Patentability Directive Amendment Proposal The Council of the European Union (CEU) proposes to rewrite some articles of the CEC/BSA proposal of 2002/02/20 in order to take into account various criticisms made by national delegations to the Council's Intellectual Property Working Party, a workgroup consisting of delegates from national patent administrations. This counter-proposal was worked out by the delegates from Denmark, i.e. from the Danish Patent Office (DKPTO), which are presiding over the workgroup during the second half of 2002. The paper is the subject of decision at the Working Party's session on 2002/10/03 in Brussels. We present the paper in tabular comparison with the original CEC/BSA proposal of 2002/02/20. It becomes evident that the DKPTO proposal, while strengthening the rhetorical emphasis on the "technical contribution", creates additional ambiguities and in effect further widens the scope of patentability. Decision Procedure in the EC Institutions The directive will be decided jointly by the European Parliament and the European Council. The legal details are found in various EC treaties and. We are trying to find out and document the intricacies of this Process.