EpoCiiMicrosite0508En

EPO launched a "microsite" about "computer implemented inventions"

-> [ Rocard Press Conf | EPO | News ]


One month after the European parliament has rejected the proposed directive on "patentability of computer-implemented invention", best known as directiv on software patents, the European Patent Office has set up a microsite about the so-called-CII.

EPO "Microsite"

"This microsite has been set up to provide information about

The first part of this microsite recalls the current legislation in Europe, recalling that Member States of the European Patent Organisation have harmonised national patent laws with the EPC, which prevent patenting of computer programs and business methods as such. Nethertheless, it reaffirms current EPO doctrine to consider that some softwares can be considered to be not-as such, given their technical character (without defining what "technical" means other by tautologism), and thus can be patented. It also claims that EPO do not grant patents on business methods, despite studies and collected examples that have proven the opposite.

EPO itself is repeating many of the myths which were denounced by FFII during the legislative process of the EU directive on software patents:

Then, there is a review of failed attempts to legalize patenting of softwares in Europe: first, the "Diplomatic Conference to revise the EPC", second, the "Proposed EU directive on the patentability of !CIIs".

Concerning the brochure, it reintroduces the same lie that EPO is not delivering patent on "pure" softwares, nor on business methods, giving the usual examples of ABS breaking system as an example of granted patent, which nobody contests, but failing to give any example of patents already granted on data processing.

Moreover, the brochure looks like a commercial ads praising "high quality and high legal certainty" of EPO's patents, invoking the anteriority search and the opposition procedures, while these are well-known to be insufficient. The brochure concludes on another myth: the benefits of patents for SMEs, while the Economic Majority is claiming the opposite.

Gérald Sédrati-Dinet, FFII vice-president, pointed out:

Some quotes

Hosting sponsored by Netgate and Init Seven AG