Local view for "http://purl.org/linkedpolitics/eu/plenary/2003-09-23-Speech-2-024"
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"en.20030923.2.2-024"2
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"Mr President, Commissioner, ladies and gentlemen. First of all, I would like to comment that in the nine years that I have been working in this Parliament I have never been lobbied by any acquaintance so aggressively, so often, so impolitely or so freely. There must really be a lot at stake, although I can understand that people are worried.
The aim of this proposal is to harmonise the European regulations. At present there is legal uncertainty on what is patentable and what is not in the area of software. This is because the rules of the European Patent Convention are interpreted differently in the Member States and are not being tested. This legal uncertainty has adverse effects in terms of the operation of the internal market. The Committee on Industry, External Trade, Research and Energy is therefore positive about the aim of this proposal: recognition of the patentability of computer-implemented inventions and more transparent rules. It is illusory to think that no patents have been granted for software in Europe up to now. The European Patent Office has awarded more than 30 000. The directive now being proposed will not make patents for computer programs possible as such and will thus restrict the existing practices of the European Patent Office. In general terms, nothing will be made patentable that was not patentable already. The Committee on Industry, External Trade, Research and Energy is of the opinion that the directive must be strictly limited to unambiguous cases. The condition of technical innovation is essential. This is characteristic of an invention, as opposed to an idea. Unlike in the USA, we want to prevent so-called trivial patents being awarded, for example on business matters. The possibility of linking equipment in order to achieve interoperability is a method of achieving an open network and preventing the misuse of dominant positions. I am therefore asking you to support the standpoint of the Committee on Industry, External Trade, Research and Energy, article 6A of the report, and of course the other amendments as well.
Finally, I am asking for your support for the introduction of a grace period. This will prevent an inventor from being cheated out of his invention if he publicises it in order to sound out interest in the market shortly before applying for the patent."@en1
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