Local view for "http://purl.org/linkedpolitics/eu/plenary/2003-09-23-Speech-2-036"
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"en.20030923.2.2-036"2
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"Mr President, ladies and gentlemen, Commissioner, I share the opinion of Messrs Rocard and Cappato and other fellow Members who think that software as such should not be patentable. Article 52 of the European Patent Convention excludes software as such and states that ideas and theories are not suitable for patents. It must be about technical innovation, and that is precisely the heart of the problem we are all facing. It is also the heart of the directive. The Patent Office recently concluded that all programs that run on a computer are technical by definition. Under the Patent Office’s current practices, it has already awarded more than 30 000 patents, many of which are not actually legally valid. Mr Rocard has rightly mentioned that there is a difference between an invention based on the forces of nature and a product of the human intellect. I am of the opinion that we must therefore support some of the amendments, which have also been submitted to the Committee on Industry, External Trade, Research and Energy and also the amendments submitted to the Committee on Culture, Youth, Education, the Media and Sport in the past. These tighten the definition in such a way that, in my view, software as such is excluded. If these amendments are not accepted, I will vote against the directive.
There is a good deal of disquiet among small- and medium-sized enterprises and the open source movement. Human knowledge and the dissemination thereof is an important freedom which we in Europe must preserve. This must be done if only on account of human dignity, but not solely for that reason. We will be even more competitive than the United States and the directive will have to rule out the US situation completely. I therefore hope that many of you will vote in accordance with this line so that we will get a directive that is workable."@en1
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