MEPs put an end to patent law debate

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Series Details Vol.11, No.26, 7.7.05
Publication Date 07/07/2005
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By Anna McLauchlin

Date: 07/07/05

MEPs ended the raging four-year debate on a pan-EU patent law for computer-related inventions yesterday (6 July), by killing off the entire directive.

The draft, which was rejected by 648 votes to 14 with 18 abstentions, had seen fierce lobbying between large software companies claiming that they needed patents to compete on a global scale and the open source lobby who argued that the directive would have crushed small companies.

Finally all political groups decided that it was impossible to reach a clear and balanced decision and that throwing the directive out was the best solution.

Contrary to the exaggerated claims that preceded the vote, reaction from outside was relatively muted. The pro-patent lobby expressed relief that the Parliament's restrictive text would not see the light of day and the anti-patent camp did the same over the Council's text.

As the Commission will not submit another proposal, the vote effectively continues the status quo, whereby companies wanting to patent their inventions must apply to the European Patent Office, which must use its discretion as to whether it awards a patent or not.

But the vote was also a gesture of defiance from the Parliament to the Commission and the Council of Ministers. The latter's common position was contested by MEPs but their objections were thrown out by the Commission.

Following the vote, rapporteur and French Socialist Michel Rocard tore into the Commission for its "total, arrogant and sarcastic contempt" of the Parliament throughout the proceedings.

European Parliament President Josep Borrell called the vote "one more milestone in the history of the Parliament". It is the first time the Parliament has thrown out a proposal in second reading, after a common position has been reached by member states.

The European Parliament voted 648 to 14 to reject the amendments to the proposed Directive on Computer Implemented Inventions. It was the first time that the Parliament has rejected a proposal in second reading, after a common position was reached by Member States. All political groups in the European Parliament had decided that it was impossible to reach a clear and balanced decision and that completely rejecting the directive was the best solution. Since after the vote the European Commission did not intend to table a new proposal this meant that the status quo was going to be retained whereby companies wanting to patent their inventions must apply to the European Patent Office, which must use its discretion as to whether it awards a patent or not

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Related Links
European Parliament: Daily Notebook, 6.7.05, 'No directive on software patents' http://europarl.europa.eu/omk/sipade2?PUBREF=-//EP//TEXT+PRESS+DN-20050706-1+0+DOC+XML+V0//EN&LEVEL=2&NAV=S
European Commission: PreLex: COM (2002) 92, Proposal for a Directive on the patentability of computer-implemented inventions http://ec.europa.eu/prelex/detail_dossier_real.cfm?CL=en&DosId=172020

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