Separate the wheat from the chaff

(draft)

Purpose

This article explains what directive is needed to seperate the wheat from chaff. That is allow patenting of hardware patents and consumer electronics and confirm the non-patentability of software [1]. It is the the obligation of the law maker to clarify patent legislation and maintain a plain level field for entreprenuers on the Single Market. The current EPO practise that hampered competition has to be restrained.

I.

II. Four basic demands

1. No program claims

2. Definitions of technicity

a) technical contribution

b) fields of technology

Interoperability clause

Industrial application defined

"As such" clarification

III. Failures of the former May-council version.

1. Balance

2. Deceptive language

3. Procedural misconduct

4. Provocative Program Claims

5. Disrespect for Parliament

Remarks

[1] Often the destinction is made of non-patentability of software and non-patentability of software "as such". However this phrase "as such" is meaningless and derived from the wording of EPC 52(3) and thus part of a misinterpretation of article 52. Therefore we will not make the distinctions unless some institution defines the difference of software "as such" and software.