What will happen next in with Regard to Software Patents, in particular the EU directive project? What is up in India, Australia? at WIPO, WSIS? FFII & friends try to keep this page up to date.
Software patents, as a back door in the Community Patent Directive?
After failing to push through software patents with the CII-directive, using EPO-newspeak, the commission has reawakened the community patent directive. This now comes with a a dangerous twist: That the new court should use the EPO-praxis on software patents.
EU "CII" Directive Project (valid before 7/6 2005)
Co-Decision Procedure Timetable
see also EP 2nd reading session schedule.
- 2005-05-03? deadline for amendments to Rocard report (Rocard said exact date would chosen by president)
2005-05-23 JURI meeting with hearing of software patents experts
2005-06-01 FFII conference in the European Parliament
- 2005-06-20/2005-06-21? JURI vote
- 2005-07-06? Plenary vote. EP rejected the directive.
The software patent agreement of 2004-05-18 did no longer enjoy the support of a legitimated majority of governments, but it has been pushed thru the Council nevertheless. The FFII asked 23 Questions, to which one member received a written response which did not answer them and thereby only strengthened the impression of illegality. Investigation and Commemoration of the Council's Adoption Farce of 2005-03-07 will have to continue.
- Patent reform act in Congress (little impact on subject matter, mainly procedural issues)
Indian Government Ordinance
Change with regard to software patents stopped for the time being, but granting of software patents in India not stopped.
Australia-USA Free Trade Agreement
The AUSFTA will be used to push the limits of patentability or to legitimate caselaw created by the patent judiciary.