Bonum Certa Men Certa

Attempts to Make Unitary Patent Mess Before Xmas

European Parliament



Summary: A loophole for software patents in Europe is making its way into law while many vigilant people are very busy or on vacation, just like last year when this was also attempted

"The Patent Courts will be voted on as early as the 10-11th of December in parliament and council. After that there will be a formal signing later in December or January," says Jonas from the FFII. "If there are no changes to the proposal, it will just go through as a inter member-state agreement where the EU will have no further say directly," he adds. "Just like EPO where national or EU-courts have no way of appealing over EPO rulings in what can be patented. See https://www.unitary-patent.eu/ for more updates."

The latest update says:

On Monday, November 26th, 2012, the legal affairs (JURI) Committee of the European Parliament held an exchange of views with the legal services on the legality of the Cypriot compromise on the unitary patent regulation. Once again, the illegalities of the project have been made obvious, but nonetheless the European Parliament seems decided to go forward. April calls for a re-examination of the text and the possibility to amend it, to ensure legal certainty.

After lawyers, law professors, and various specialists, it is the Legal Services of the European Parliament's turn to voice reservations about the legality of the organisation of the patent package. Indeed, the current proposal for a unitary patent package mixes elements of EU law and international law, and asks the European Parliament to give up all safeguards on defining patentatibility. All checks and balances, and our rights, including the rights to code, would then be questioned.

Software patentability, and the means of recourse against such threats to innovation, were briefly mentioned, but only to state that legal services do not know whether there will be any legal instance to oppose them.


Techright will keep its eyes open. Gérald Sédrati-Dinet, of the above site, shows that this disease of software patents spreads to Europe through other loopholes. "How software patents #swpats are routinely accepted in Europe by artificially circumventing law," he writes, pointing to this article which states:

Although technical character is a fundamental requirement for the grant of a European patent, its significance is often overlooked. However, lack of technical character is perhaps the single most important reason why many applications for computer-implemented inventions are refused by the European Patent Office. So what exactly is technical character and why is it so important?

Interestingly, the European Patent Convention (EPC) does not explicitly state that an invention must have technical character. However, the requirement is inferred from Rules 42 EPC and 43 EPC of the Implementing Regulations, whose conditions are distilled into the requirement of technical character. To have technical character an invention must relate to a technical field, it must be concerned with a technical problem and it must have technical features.

When considering an invention which is implemented on a computer, it is arguable that the most important of these three aspects to consider is the technical problem. This is because if a technical problem is solved, then, because a computer provides the technical means by which the solution is provided, it follows that the invention must lie in a technical field and that technical features are inherently involved. So, if a technical problem is solved, a computer-implemented invention is likely to exhibit technical character.


We need to stop this because the longer it goes on for, the more it solidifies software patenting across the EU.

Recent Techrights' Posts

Free Software Community/Volunteers Aren't Circus Animals of GAFAM, IBM, Canonical and So On...
Playing with people's lives for capital gain or "entertainment" isn't acceptable
[Meme] The Cancer Culture
Mission accomplished?
Why the Articles From Daniel Pocock (FSFE, Fedora, Debian Etc. Insider) Still Matter a Lot
Revisionism will try to suggest that "it's not true" or "not true anymore" or "it's old anyway"...
 
Links 04/05/2024: Tesla a "Tech-Bubble", YouTube Ads When Pausing
Links for the day
Germany Transitioning to GNU/Linux
Why aren't more German federal states following the footsteps of Schleswig-Holstein?
IRC Proceedings: Friday, May 03, 2024
IRC logs for Friday, May 03, 2024
Over at Tux Machines...
GNU/Linux news for the past day
Alexander Wirt, Bucha executions & Debian political prisoners
Reprinted with permission from disguised.work
Links 03/05/2024: Clownflare Collapses and China Deploys Homegrown Aircraft Carrier
Links for the day
IBM's Decision to Acquire HashiCorp is Bad News for Red Hat
IBM acquired functionality that it had already acquired before
Apparently Mass Layoffs at Microsoft Again (Late Friday), Meaning Mass Layoffs Every Month This Year Including May
not familiar with the source site though
Gemini Links 03/05/2024: Diaspora Still Alive and Fight Against Fake News
Links for the day
[Meme] Reserving Scorn for Those Who Expose the Misconduct
they like to frame truth-tellers as 'harassers'
Links 03/05/2024: Canada Euthanising Its Poor and Disabled, Call for Julian Assange's Freedom
Links for the day
Dashamir Hoxha & Debian harassment
Reprinted with permission from disguised.work
Maria Glukhova, Dmitry Bogatov & Debian Russia, Google, debian-private leaks
Reprinted with permission from disguised.work
Who really owns Debian: Ubuntu or Google?
Reprinted with permission from disguised.work
Keeping Computers at the Hands of Their Owners
There's a reason why this site's name (or introduction) does not obsess over trademarks and such
In May 2024 (So Far) statCounter's Measure of Linux 'Market Share' is Back at 7% (ChromeOS Included)
for several months in a row ChromeOS (that would be Chromebooks) is growing
Links 03/05/2024: Microsoft Shutting Down Xbox 360 Store and the 360 Marketplace
Links for the day
Evidence: Ireland, European Parliament 2024 election interference, fake news, Wikipedia, Google, WIPO, FSFE & Debian
Reprinted with permission from Daniel Pocock
Enforcing the Debian Social Contract with Uncensored.Deb.Ian.Community
Reprinted with permission from Daniel Pocock
Gemini Links 03/05/2024: Antenna Needs Your Gemlog, a Look at Gemini Get
Links for the day
IRC Proceedings: Thursday, May 02, 2024
IRC logs for Thursday, May 02, 2024
Over at Tux Machines...
GNU/Linux news for the past day
Jonathan Carter & Debian: fascism hiding in broad daylight
Reprinted with permission from disguised.work
Gunnar Wolf & Debian: fascism, anti-semitism and crucifixion
Reprinted with permission from disguised.work
Links 01/05/2024: Take-Two Interactive Layoffs and Post Office (Horizon System, Proprietary) Scandal Not Over
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, May 01, 2024
IRC logs for Wednesday, May 01, 2024
Embrace, Extend, Replace the Original (Or Just Hijack the Word 'Sudo')
First comment? A Microsoft employee
Gemini Links 02/05/2024: Firewall Rules Etiquette and Self Host All The Things
Links for the day