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Posted in Europe, Microsoft, Patents at 8:42 am by Dr. Roy Schestowitz
Summary: The Community patent, which the EPO almost endorses now, is a back door to software patents
THE EPO has been making suspicious moves recently [1, 2]. It is almost opening its doors to software patents without the necessary consultation.
Watch this strategy document [PDF] which states: “The IPR system also needs to be improved by the creation of a Community patent for innovative ICT companies to protect their inventions in the single market (14).” Benjamin from Digital Majority found it and he also spotted this from the EPO’s Web site:
=> ↺ this strategy document | ↺ Digital Majority | ↺ this
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.
This is cause for pause concern. The StopSoftwarePatents Web site has issued this warning which heralds: “Commission says the Community Patent is all about Software Patents.”
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.
This comes after heavy lobbying from Microsoft-hired lobbyists and 'innovation' parties that are quite openly about lobbying politicians. This is a serious problem that TechDirt wrote about a couple of days ago. It stated:
=> Microsoft-hired lobbyists and 'innovation' parties that are quite openly about lobbying politicians | ↺ TechDirt wrote about a couple of days ago
Since When Did We Give Lobbyists From The Tech, Entertainment And Pharma Industries Security Clearance?With the new administration sticking by the old one in declaring negotiations over the ACTA treaty somehow a matter of national security as a way of avoiding revealing any info about the proposed treaty or its ongoing negotiations, the folks over at KEI have pointed out the long list of corporate lobbyists who have been involved in the negotiations, including those from the RIAA, MPAA, ESA and a long list of tech, telco and pharma companies.
The EPO is already attempting to cover its back. As IDG points out, the latest tune from the EPO is that the number of granted patents declined last year and therefore — hopes the EPO — people might believe that quality of patents has improved.
=> ↺ the number of granted patents declined last year
The European Patent Office rejected more patent applications than it passed for the first time last year, in an effort to raise the quality bar in the European Union.The number of applicants was larger than in 2007, the EPO said in a statement.
This number means absolutely nothing if abstract ideas pertaining to software become patentable. They rely on the wrong yardstick amid tough economic times in order to defend their practices. Patenting is just not a priority for many companies right now; litigation, on the other hand, might be. █
“Staff at the European Patent Office went on strike accusing the organization of corruption: specifically, stretching the standards for patents in order to make more money.
“One of the ways that the EPO has done this is by issuing software patents in defiance of the treaty that set it up.”
–Richard Stallman
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