IP: EU Unveils 'Tougher' Software Patent Proposal

[Dave Farber <dave () farber net>]

------ Forwarded Message
From: Ari Ollikainen <Ari () OLTECO com>
Date: Wed, 20 Feb 2002 12:26:25 -0800
To: farber () cis upenn edu
Subject: EU Unveils 'Tougher' Software Patent Proposal

EU Unveils 'Tougher' Software Patent Proposal
Wed Feb 20,12:42 PM ET

By David Lawsky
http://story.news.yahoo.com/news?tmpl=story&cid=581&u=/nm/20020220/tc_
nm/tech_eu_software_dc_3

BRUSSELS (Reuters) - The European Commission (news - web sites) on
Wednesday unveiled a new approach to software patents, which a top
Commission official said would draw U.S. criticism as it would mean
tougher criteria in Europe to grant a patent.

The proposal, which would standardize a variety of software patent
rules across the 15-member bloc, requires that software contain new
ideas to qualify for patent protection.

Also, patents would apply only when software is loaded in a machine
or operating system, not when it merely sits on a shelf.

Commissioner Frits Bolkestein, whose Internal Markets group oversaw
the new proposal, said the proposal differs from the U.S. approach,
which permits patents for software independent of machines and does
not necessarily require fresh innovation.

"We will take American complaints on the chin," he predicted.

[ snip ]

The Parliament and EU member states must agree on the final wording
before it can take effect.

An official for the Business Software Association's Brussels office
expressed dismay at the proposal.

"It departs from what we had hoped to see," said Francisco
Mingorance, director of European Public Policy for the U.S.-based
association, to which Microsoft Corp is a heavy contributor. He said
that the proposal would increase the costs to software firms seeking
to protect intellectual property.

Microsoft, which makes the operating system software used on nearly
all personal computers and dominates the market for PC word
processors, had no immediate comment on the proposal.

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