Duff calls for MEPs to support new package on EU Software Patents

1.24.30pm BST (GMT +0100) Wed 29th Jun 2005

Andrew Duff, Liberal Democrat Euro MP for the East of England, is supporting moves to radically amend the common position of the Council of Ministers on the controversial directive on the patentability of computer-implemented inventions. In a statement after decisions of the Liberal Group today, he said:

"After very long and complex negotiations there is a new package of measures on the table which will stop the spread of software patents in Europe. This is a set of compromise amendments in the name of the rapporteur, Michel Rocard, the key elements of which are as follows:

Amendment 3 - which toughens up the definition of what makes a 'technical contribution' to an invention;

Amendment 7 - which exemplifies the meaning of computer programs 'as such' and seeks to transfer into EU law the whole meaning of the exclusion from patentability of computer programs as found in Article 52 of the existing European Patents Convention;

Amendment 8 - which seeks to ensure that software does not become 'technical' the moment it is loaded on to a computer;

Amendment 9 - which insists that computer programs on their own cannot be patented.

Duff is also supporting an amendment which aims to ensure that importers of software are put in exactly the same legal position as European developers.

He is working to ensure that a majority of his Liberal and Democrat colleagues will add their weight to oppose the position of the Council when the Parliament votes at the second reading of the legislation next week.

However, Duff will oppose moves to ditch the whole legislation at this stage. He explains:

"EU legislation is badly needed in order to create a regulatory framework for the software industry that is clear and consistent across the single market. The present situation leaves software developers in a very exposed situation. The confusion is evident in the work of the (non-EU) European Patents Office, and an EU law would bring it under control. There are over 30,000 current software patents granted by the EPO or national patent offices, 75% of which belong to US or Japanese companies. Microsoft alone has filed for another 3000 patents in the EU last year.

"The East of England is the home of the largest cluster of software developers in Europe, centred on Cambridge. The future success of the industry in the region will be put at risk if the ill-considered and highly ambiguous position of the Council is allowed to carry the day."

ENDS