Local view for "http://purl.org/linkedpolitics/eu/plenary/2005-07-05-Speech-2-039"
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"en.20050705.6.2-039"2
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"We have the opportunity to lead the world with good patent law, but are we up to the task? The legal framework is clear: Article 52 of the European Patent Convention states that software as such cannot be patented. All of us believe that we must set clear limits to patentability. We simply do not agree on how best to do that.
We need to tighten up the law and ensure that examination practised does not permit the patenting of software or business methods. However, let us not forget that it is our inventiveness and capacity for innovation in software and dependent technologies that can help Europe to meet its objective of being the world’s most competitive economy by 2010.
At a time when our traditional industries are migrating to China and the Far East, we have to rely on our inventiveness to earn our living. The revenue secured by patents and by licensing out our inventions to our global competitors gives us a return on the investment and assists us in creating jobs and growth.
SMEs that are inventors argue that without patent protection they are in no position to negotiate with big business or protect themselves from larger companies ripping off their inventions. They need patent protection that is affordable and enforceable against industry giants. But we must also ensure that small software developers are not faced with a minefield of trivial patents. They must be able to innovate, write and develop lines of code and produce software processes without violating or breaking patent law.
There are a number of amendments that could solve this problem so we can have a balanced, workable EU law which will not permit backdoor patenting but will ensure that, in an increasingly cut-throat and global arena, Europe’s most inventive companies can have access to patents and challenge US dominance in this field.
Mr Crowley said that we could find ourselves in the perverse situation of paying out licence fees to US and Japanese companies for the very patents and innovations that we have invented. In fact, add India to that list. In its new Patents Act of 2005, India now allows embedded systems to be patentable. Are we seriously saying that here in Europe we value our inventiveness less than those countries new to innovation and inventions?"@en1
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