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EU Moves Towards Single European Patent Standard 234

theodp writes "A European Parliament committee Tuesday moved toward setting the first pan-European standard for software patents, but outlawed the U.S. practice of patenting business methods, such as Amazon's one-click Internet shopping. 'The European law sets the right benchmark rather than the looser U.S. system,' said the director of public policy for Europe at the Business Software Alliance, which represents 20 software companies including Microsoft and Apple. Amazon representatives in Brussels declined to comment on the new European legislation."
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EU Moves Towards Single European Patent Standard

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  • by dtolton ( 162216 ) * on Tuesday June 17, 2003 @06:43PM (#6227112) Homepage
    It sounds like they have learned from some of the mistakes our
    patent system has made.

    Under the European law, software companies would obtain
    exclusive rights only for programs that demonstrate novelty in
    their "technical contribution."


    Their reasoning: "We don't want to arrive at a model where
    in the U.S. everything under the sun can be patented,"


    I think they are approaching this from a better angle. I still
    disagree with the general notion of patenting algorithms as
    such. I don't think algorithms are invented any more than
    mathematical truths are invented, rather they are discovered.
    IMO, there is a difference and a patent shouldn't be granted on
    that. Although, I will admit there is room to disagree with
    that position.

    It looks like they will be avoiding the major abuses we are
    experiencing though, since you can patent a novel approach to
    hand writing recognition, but not hand writing recognition in
    general.

    Now, the question is how do we get the U.S. government to adopt
    this standard? Will it be like the Metric system, where we are
    too entrenched to switch to a better system? Let's hope not for
    our sakes.
  • I like it! (Score:3, Interesting)

    by suteri ( 637146 ) on Tuesday June 17, 2003 @06:44PM (#6227118)
    outlawed the U.S. practice of patenting business methods, such as Amazon's one-click Internet shopping

    Perhaps the EU parliament (or whatever) isn't as useless after all. Though what will become out of this pan-European system in a few years? Let's keep our fingers crossed..

  • 1.0 is never perfect (Score:4, Interesting)

    by kin_korn_karn ( 466864 ) on Tuesday June 17, 2003 @06:45PM (#6227132) Homepage
    The US patent system was the first of its kind. The first version of anything is never the best version.

    I just wish our government was less like those people that claim engine design peaked in the early 70s. (there are lots of them in the south)
  • by PetoskeyGuy ( 648788 ) on Tuesday June 17, 2003 @06:46PM (#6227136)
    Could someone please mention where patents on web based applications or "business-models" ( a cookie?) are actually valid?

    Does a patent on a web technology apply to where the server is operating, who owns it or who's using it?
  • I don't think algorithms are invented any more than mathematical truths are invented, rather they are discovered.

    I don't think the right combination of iron parts that make up a ship is invented, rather it is discovered.
    And so on, in all eternity...

    By your logic, nothing is ever invented, but merely discovered. And you are right.
    I agree that they are only discovered, but I also want the person/company who discovers them to benefit from that discovery for a while.

    After all, it probably cost a lot of money and time in R&D to discover it...
  • Re:not all good (Score:5, Interesting)

    by 3247 ( 161794 ) on Tuesday June 17, 2003 @08:22PM (#6227961) Homepage
    Unfortunatly, this report, from the Legal Affairs committee, does support software patents, ignoring the advice of the Industry committee, the Culture committee, and the vast majority of the response to their public consultation on the issue.
    ...or everyone else who does not have any clue.

    Although the European Patent Convention (EPC) says that "programs for computers" are not patentable whereas the (draft) Directive explicitly says that "computer-implemented inventions" are (art. 52), there is actually no difference:
    The EPC was never meant to prevent patents on computer-implemented inventions; the clause that prevents patent on "computer programmes" simply has no effect -- patent lawyers agree that they are either "technical" (and patentable) or "non-technical" (and not patentable). Unlike the US patent system, the European patent system only protects "technical" inventions.

    Patents on "technical" computer programmes are not that bad -- after all, they are technical inventions that just happen to be implemented with computers.

    The real problem is that patent offices tend to view all computer software as "technical" because a computer is technical. This results in patents on algorithms, business methods, etc. that just happen to be implemented with computers.

    The draft EU Directive does a lot to clarify this: It says several times that computer programmes are not technical just because they run on a computer. It also says that algorithms are not patentable and that a patent on a technical invention that uses an algorithm does not cover the algorithm itself (yeah, the Yahoo editor obviously did not read the documents [eu.int]; s/he even got the date wrong: 2003-06-16 was Monday, not Tuesday).
    The rationale clearly says that they don't want algorithms and business models to be convered.

    These clarifications will actually result in less software patents because all the bogous software patents that are not patents on computer-implemented technical inventions but on computer-implemented algorithms, business models, etc., are now so clearly outlawed by the explicit text of the Directive that every patent officer should get it.
  • Maybe not (Score:3, Interesting)

    by f97tosc ( 578893 ) on Tuesday June 17, 2003 @08:39PM (#6228111)
    ...is the software industry leaving the U.S. in droves for less litigious countries.

    but...

    ...you can still develop IP-incompliant software for less litigous countries in the US

    ...you can still develop IP-compliant software for the US in less litigious countries



    Software development is a global business. Changes in one market affects development everywhere, not just developers that happen to live in that market.

    Tor
  • by werdna ( 39029 ) on Tuesday June 17, 2003 @09:26PM (#6228477) Journal
    This is a wide-open door through which even the most rediculously obvious software patents could (and therefore will) slip.

    This is clearly hyperbolae. The parade of horribles didn't happen in the U.S., it is unlikely to happen in the E.U. The U.S. patent office finally rejects hundreds of applications in software arts every day, and will continue to do so.

    Nothing in the EU proposal permits (and the law actually precludes) the allowance of a patent claim, where the differences betweeen the claim and the prior art would be obvious to a person of ordinary skill in the art.
  • by Sanity ( 1431 ) * on Tuesday June 17, 2003 @10:14PM (#6228792) Homepage Journal
    This is clearly hyperbolae. The parade of horribles didn't happen in the U.S., it is unlikely to happen in the E.U. The U.S. patent office finally rejects hundreds of applications in software arts every day, and will continue to do so.
    You are trolling right? If not, WAKE UP!! There are US patents on virtually every trivial aspect of software development, to the extent that IBM can (and has) gone to companies and essentially said "you are probably violating one of our patents - pay up!". See here [base.com] for some examples.
    Nothing in the EU proposal permits (and the law actually precludes) the allowance of a patent claim, where the differences betweeen the claim and the prior art would be obvious to a person of ordinary skill in the art.
    In theory, yes, but in practice the patent office is poorly motivated to deny patent claims, leaving it up to the courts to sort it out. Only the largest software companies then have the resources to fight it out in court, and typically the big guy wins just by virtue of stamina.
  • by motown ( 178312 ) on Tuesday June 17, 2003 @10:23PM (#6228837)
    What about software patents that cannot be patented in the EU at this time, but which already apply in the US?

    Will companies be able to apply for these patents as soon as software patents are allowed in the EU? Wouldn't that technically be considered prior art in the EU?
  • by lvd ( 72565 ) on Wednesday June 18, 2003 @03:58AM (#6231021) Homepage
    This ./ article is very misleading

    All the juri rapporteur and the European commission have done is to cloud the issue in confusion.

    At the heart of the proposal lies a text that makes /everything under the sun/ be patentable, just as in the US, as long as a computer is somehow involved.

    The effect of the cloud of confusion is to make people think that actually the EU has a more restrictive system than the US, but patent lawyers will know better.

    'technical contribution' is completely undefined and the clear limit of article 52(2)c, an explicit ban on software patents is removed.

    That means that business methods like 'selling cucumbers with the aid of a data-transmission device' will be patentable. As long as 'business' is not mentioned in the claim.

    Do some background reading (www.ffii.org) before you post nonsense like 'EU will get better patent regime than US'

  • by Balaitous ( 126540 ) on Wednesday June 18, 2003 @05:55AM (#6231404) Homepage
    See this petition [debian.org] signed by the leading European computer scientists, including Robin Milner (Turing Award) and Géraud Sénizergues (Godel Award):

    The message is in Catalan, but contains the full text of the petition in English with list of signatories. The petition explicitly warns against claims that only patents with "technical contribution" will be granted, when the practice of the patent office has opened the door to anything being considered technical.

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