Do software patents exist in the EU?
ciaran
|
23. octubre 2007
|
Frequently Asked Question: Do software patents exist in the
EU?
Answer: The problem is that software patents exist in some ways
in the EU. The power of patent governance is split between a
legislature, an executive, and a judiciary.
The legislature (the European Patent Convention) says that software ideas
are not patentable.
The executive (the European Patent Office) ignores this and approves
software patent applications.
The judiciary (the national courts) usually declares the EPO's software
patents to be invalid whenever there is a court case.
So, for the most part, Europeans are safe from software patents. There are
very few court cases because the patent holders are afraid their patents
will be invalidated.
In 2005, after years of work, we blocked an attempt to change the
legislation. That change would have made software patents valid.
Today, there are attempts being made, such as the EPLA, to remove the
national courts from patent governance. The people behind the EPLA want to
replace the national courts with a centralised EU court whose judges will be
selected and continually reviewed by the EPO.
Further information:
--
Ciarán O'Riordan,
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