Local view for "http://purl.org/linkedpolitics/eu/plenary/2005-07-05-Speech-2-064"
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"en.20050705.6.2-064"2
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"Ladies and gentlemen, the European Patent Convention protects the public interest by prohibiting the patenting of anything that is not a technical solution, and in particular of scientific theories, aesthetic creations, mathematical methods, plans or rules for performing mental acts and computer programs. Even though copyright makes it possible to prevent abuse in this field, around 20 companies have submitted over 20 000 applications for patents on computer programs. The latter include not only control programs for appliances ranging from washing machines to unique medical devices, but also pure software and business methods, such as the use of shopping baskets for Internet purchases. It is an unfortunate fact that national patent offices and courts reach different decisions on many cases, and this is why clear rules are needed at European level.
I regret to say that we are still waiting for an up-to-date and general directive on the European patent. This fact makes today’s debate rather more complicated, as it concerns a specific directive that does not deal with concepts, but goes beyond the scope of the Trade-Related Intellectual Property Services (TRIPS) Agreement. The fact that large companies are in favour of the directive is doubtless an important factor, but a number of parties, including legal and computer professionals, the academic community, small companies and the Czech Senate, for example, have highlighted the directive’s ambiguity. Such ambiguity carries with it the risk that the directive’s provisions will be open to broad interpretations, which would have serious consequences for small and medium-sized entrepreneurs and consumers. What is more, the Council has regrettably failed to submit an assessment of the directive’s impact on small and medium-sized enterprises and on the new Member States, as requested by Parliament.
An ad-hoc, cross-party coalition has been formed in this House. Our aim is to reach a compromise agreement on joint amendments, and to allow the patenting of firmware, or in other words control programs for technical appliances, only in cases where it exists as part of an overall invention. We also want to increase interoperability for consumers, and to prevent the granting of patents for trivial ideas; after all, one patent costs EUR 30 000, and the approval process takes an average of four years. Since small and medium-sized enterprises act as the driving force behind the IT sector, accounting for 70% of turnover and 80% of jobs, both these factors act as obstacles to dynamic growth in this sector. We are therefore proposing that a clearer distinction be made between patents for machines and those for pure software.
In conclusion, I should like politely to ask the Commission to state clearly what progress has been made on preparations for an up-to-date European patent. Unless the directive is successfully amended, my group as a whole would rather vote against it."@en1
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