McCreevy and MEPs converge on IT patents

By Anna McLauchlin

Date: 19/05/05

The vexed issue of how far to allow computer-related inventions to be patented in Europe will once again be up for debate at a mini-hearing in the European Parliament's legal affairs committee on 23 May.

The European Commission is likely to be more sympathetic to the Parliament's stance than hitherto, sources say.

In a report to be discussed at the hearing, French Socialist MEP Michel Rocard has tried to return to the more restrictive rules on patenting that were backed by Parliament in its first look at the legislation - also dubbed the software patents directive.

In his 40 amendments, the former French prime minister has attempted to ensure that pure software cannot be patented, by saying that companies may only patent software that is used to manipulate a "controllable force of nature".

Rocard has also demanded that, in the interests of interoperability, a patent should not be granted on software used to ensure that two different data processing systems can communicate with one another.

A Commission source told European Voice that the executive was favourable to the latter idea.

When the Commission refused to return the law to first reading in the Parliament in March, Internal Market Commissioner Charlie McCreevy noted that a "new wind is blowing on this", hinting that the Commission might be more sympathetic to the Parliament's concerns.

But the draft has angered the consumer electronics and communications industries, which have pushed for a large part of the 216 amendments also on the table.

Mark McGann, president of EICTA, the European industry association representing big clients such as Nokia and Siemens but also smaller developers, argues that Rocard's amendments would exclude patents on data processing, which makes up a huge part of IT development.

"It defies logic and ignores reality," he said. And the interoperability amendment was so broad, he said, that it would allow anyone to be exempt from royalties when using vital pieces of software.

UEAPME, the European association representing small businesses, welcomed Rocard's report, arguing that the original draft would punish independent software developers.

"The ideal situation would be to go back to the drawing board, but in the absence of that this is a positive draft with regard to its concerns for small firms," said a UEAPME spokesman. He added that pure software would still be protected by copyright.

MEPs have to vote on the report by July. If they back Rocard's amendments the directive will go into conciliation procedure between the Parliament and national governments, which backed the Commission's original draft.

Article anticipates a meeting of the European Parliament's Legal Affairs Committee, 23 May 2005, to discuss a report by French Socialist MEP Michel on the proposed Directive on the patentability of computer-related inventions. Rocard's report was to suggest 40 amendments trying to return to the more restrictive rules on patenting that were backed by Parliament in its first look at the legislation.