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[News] EU Parliament Does Not Obey Rules, Lie About Patents Propagated Further

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Ombudsman report highlights EU's lack of transparency 

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| Being refused access to documents was "by far" the most common allegation 
| made by citizens to the EU Ombudsman last year, revealed a report presented 
| yesterday (27 April).  


Once Again: Patents Do Not Equal Innovation

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| The real reason for the decline in patenting may actually be buried at the 
| bottom of the article: companies are realizing that patents aren't 
| particularly cost effective, and they're cutting back, focusing on actual 
| innovation rather than throwing money away on the patent system.   



European Patent Office asks itself about software patents

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| Sadly, the questions posed to the EBA are mined with typical EPO philosophy
| including their definitions of “technical effect”, “further technical
| effect”, “technical character”, “technical considerations” and other
| terminology they have used over the years. In that way they justified black
| being white, or more specifically the applicability of software patents (but,
| naturally, not “as such”).
| Seeing how the specific questions to the EBA are phrased (quite some traps in
| there), and what is not asked, it seems clear to me that any set of answers
| with just “yes” or “no” is unable to speak against software patents in any
| meaningful way. Furthermore, if only one was to accept the premises of the
| questions, I submit that seemingly innocent arguments could be twisted in a
| number of ways to justify software patents. Nice job!


EPO seeks to validate software patents without the European Parliament

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| At the highest level of the European Patent Office (EPO), the legality of
| software patents in Europe is about to be tested. The FFII warns that the
| European Parliament is being bypassed by allowing a decision with EU-wide
| implications to be made without its involvement or any real debate.
| The President of the European Patent Office (EPO), Alison Brimelow, has asked
| the Enlarged Board of Appeal (EBA) to decide on the interpretation of the
| European Patent Convention (EPC) regarding the exclusion of software from
| patentability. The EBA is replacing the European Parliament in order to
| validate software patents EU-wide without the need of a debate.


Commission repeats call for single EU patent

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| The European Commission has reiterated its demand for the creation of a
| single European patent. It said the absence of such a protection is hindering
| the growth of technology companies in the European Union.


Patents for software?

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| The EPO does not grant patents for computer programs or computer-implemented
| business methods that make no technical contribution. Programs for computers
| as such are excluded from patentability by virtue of Art. 52(2)(c) and (3)
| EPC. According to this patent law, a program for a computer is not patentable
| if it does not have the potential to cause a "further technical effect" which
| must go beyond the inherent technical interactions between hardware and
| software.
| On the other hand, a CII (even in the form of a computer program) that can
| provide this further technical effect can be patentable, subject to the other
| patentability requirements, such as novelty and inventive step. In this case,
| it would be recognised as providing a technical solution to a technical
| problem.


Commission says the Community Patent is all about Software Patents

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| The European Commission has issued a communication asking for the creation of
| the Community Patent in order for "ICT companies to protect their inventions
| in the single market". Large companies were rejecting the software patent
| directive, aiming to validate software patents via the Community Patent and
| skip the debate about patentable subject matter.


EPO comments on EU pharmaceutical sector inquiry

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| The EPO also welcomes the emphasis the report places on the need for the
| creation of a Community patent, and a centralised, specialised European
| patent judiciary.

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