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History of the Limits of Patentability
Commemorate Banana Union Day

How the patent system evolved, expanded and how theories of its limits evolved and were codified.
Medieval EuropeKings grant patent-like privileges in order to reciprocate favors and collect revenues.
1443Venice: first patents
1624England: Monopoly Act. Queen Elisabeth I granted all kinds of monopolies in order to create a source of revenues for the crown which does not need the approval of the parliament. Upon negotiations with the Parliament, this right is limited to monopolies for inventions.
1769James Watt patents a "condenser connected to a cylinder by a valve". Patents slow down development of steam engine.
1787 USUS Constitution mentions patents and copyright as instruments which congress shall "have the power" to use "to promote progress of science and the useful arts".
1787Thomas Jefferson 1st president of US patent office. Few patents in the US in the following years
1791 FRFrench patent law, Some french revolutionaries postulate "natural right to intellectual property", others ridicule it.
1830 UStelegraphy revolution, patents come out of fashion
1877 DEGerman patent law introduced. According to Machlup, it marked a "victory of lawyers and protectionists against economists".
1885 JPJapanee patent law introduced.
1930-1970Patent-sceptical thinking dominant
1973European Patent Convention signed in Munich: software patents excluded
1976 DEBGH 1976-06-22: Dispositionsprogramm: Software not Patentable
1978 EUEPO 1978: Examination Guidelines: Software not Patentable
1980 DEsignal of ambiguity: BGH 1980-09-16: Rolling Rod Splitting (Walzstabteilung) Decision: new calculation rule for optimising industrial production of rolling rods is not a technical invention, Caso Antiblockiersystem: "Technical Program" patentable, function claims permissible, if forces of nature at the center
1982 USCourt of Appeal of the Federal Circuit (CAFC) for patent matters founded, acts as promoter of its own specialty, extends patentability in the following years
1986 EPOVicom case: begin of granting patents for algorithms and business methods, disguised as technical apparatuses.
1986-90 USsurge of patenting in US+JP without corresponding surge in innovation
1989 EPOsurge in software patent applications
1991 EUSoftware Copyright directive
1997Green Paper for Community Patent calls for legalisation of software patents by change of EPC and EU directive
1998 USState Street case
1998 EPOTechnical Board of Appeal IBM T97/1173 case legalises program claims. Note of EPO president says that this decision is a model to be followed
1998 EPOTBA judge Mark Schar redefines "technical invention" as "practical problem solution"
1999European Commission produces followup papers to the Greenpaper, arguing that Microsoft has many patents and therefore patents are needed for software.
2000/06EPO Base Proposal asks for deletion of Art 52(2) in its entirety.
2000/06Start of Eurolinux Petition
2000/11Diplomatic Conference leaves Art 52(2) untouched, decision is moved to the EU
2000/10-12European Consultation on the Patentability of Computer-Implemented Rules of Organisation and Calculation (= Programs for Computers)
2001CEC keeps lid on consultation results, publishes manipulative report by "independent contractor" several months after its delivery
2002/02/20CEC & BSA 2002-02-20: proposal to make all useful ideas patentable
2002/03?MEPs McCarthy, Wuermeling, Plooj, Rocard etc nominated rapporteurs
2002/03France 2002-03-01: EU Commission Directive Proposal Unacceptable
2002/06MEP Arlene McCarthy 2002-06-19: Report on the CEC/BSA Directive Proposal
2002/06Bakels & Hugenholtz study, critical of swpat, demands completely new approach
2002/09counter proposal by FFII
2002/09/23ESC 2002-09: Europe should reconfirm Non-Patentability of Software!
2002/11/07JURI hearing
2002/11Danish Council presidency publishes working party position in favor of unlimited patentability
2003/01CULT vote against swpat, for freedom of publication and interoperation
2003/02ITRE vote for freedom of publication and interoperation
2003/03McCarthy report to JURI
2003/05/17FFII conference on swpat in Brussels
2003/06/17JURI vote for fake limits on patentability
2003/08/27FFII demo in Brussels
2003/08/28EU Software Patent Plans Shelved Amid Massive Demonstrations
2003/09/23plenary debate in EP after 129 amendments have been tabled; Bolkestein's threat
2003/09/24EU Parliament Votes for Real Limits on Patentability
2004/11Commission DGIM nitpicks the parliament's decision
2004/01/29"Compromis" du Conseil de l'UE pour une brevetabilité illimitée
2004/03/17public version of the Council's working group proposal, soon thereafter moved to COREPER
2004/04/14FFII demo and conference on swpat in Brussels, amidst Council Presidency moves, Nokia campaign and MEP statements
[ Software Patents: News and Chronology → History of the Limits of Patentability | Software Patents in Europe: A Short Overview | FFII Software Patent News 2004 | FFII Software Patent News 2003 | FFII Software Patent News 2002 | FFII Logic Patent News | FFII Logic Patent News 2000 | FFII Logic Patent News 1999 ]
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english version 2004/08/16 by Hartmut PILCH