Europarl Hearing of 2002-05-15

"Programs for computers" are not "patentable inventions" according to Article 52 of the European Patent Convention (EPC). However since 1978 around 30,000 patents for "computer-implemented inventions" have been granted by the European Patent Office and by national patent offices. Indeed, the jurisprudence of these offices considers programs which present a "technical contribution" to be patentable. This idea of a "technical contribution" is similar to that of the "technical process" used for the patent of genes in the controversial directive on biotechnological inventions. They are both just as ambiguous.

The proposed "directive on the patentability of computer-implemented inventions" intends to normalize the jurisprudence of the European Patent Office and the national courts. Computer technology is in a state of uncertainty making it difficult to differentiate between creation, public good and the market.

To patent computer advances, like medicines, the knowledge and the living, poses questions of access and transmission for everybody, and equality between persons and people.

With:

Hartmut PILCH, president of the Foundation for a Free Information Infrastructure (FFII) and speaker of the Eurolinux Alliance

Anthony HOWARD, administrator, DG MARKET, intellectual property service.

Gilles SAVARY, member of the European parliament, industry committee.

Contact:

Geneviève Fraisse

phone:

75 555-45 555

Fax:

79 555-49 555

mail:

gfraisse europarl eu int

Some points to be made at the Europarl on 2002-05-15

The European Commission's proposal for the patentability of software innovations requires a clear response from the European Parliament, the member state governments and other political players. Here is what we think should be done.