Local view for "http://purl.org/linkedpolitics/eu/plenary/2003-09-23-Speech-2-060"
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"en.20030923.2.2-060"2
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".
The proposal for a directive on the patentability of computer-implemented inventions must have aroused more passion than any other matter debated in Parliament in recent times. From the outset my opinion of the directive has been critical. I do not, however, object to it totally, as I think it is good that the present confused situation regarding conditions for granting software patents is to be clarified. At present, with the regulations being so unclear, the decisions taken by national patent offices and the European Patent Office may well have been very different, and therefore common European rules could be needed. There have to be quite a number of amendments made to the report, however, before it can be adopted. The amendments I have proposed would make the directive less harmful to independent software developers and small- and medium-sized companies.
My main arguments are as follows:
In its present form the directive could significantly harm independent software developers and European small- and medium-sized software houses, which may find it impossible to survive in the ‘patents jungle’ of the great software giants. Patent processing times are very long and application is expensive. That is why they could slow down and even obstruct the development of the European software sector, dependent as it is on innovation and speedy reaction.
Software interoperability and communications should, furthermore, be possible without huge licence fees. I am in favour of open interfaces. Algorithms, business prototypes and computer programs should not be patentable as such.
One of the main purposes of granting patents has always been to make society aware of the existence of inventions. Patents on computer-implemented inventions are virtually useless as data sources if the source code is not published. In the United States of America the source code is published in the patent application in the case of most software patents, which is established business practice in the industry. This should also be possible in Europe.
I hope that tomorrow’s vote will have a favourable outcome and that as many of my fellow Members as possible will show their support for a creative and innovative European software industry."@en1
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