| 2002 | EuroParl 2002-05-15 | Thesen 04/08/24 | |
"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.
Anthony HOWARD, administrator, DG MARKET, intellectual property service.
Gilles SAVARY, member of the European parliament, industry committee.
Some points to be made at the Europarl on 2002-05-15
Der Richtlinienvorschlag der Europäischen Kommission für die Patentierbarkeit von Software-Innovationen erfordert eine klare Antwort vom Europäischen Parlament, den nationalen Regierungen und anderen Akteuren. Hier erklären wir, was unserer Meinung nach zu tun ist.