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August 30, 2005

Potential stateside effects of European Union failure to adopt the Computer Implemented Inventions Directive

Bruce Lehman, former United States Commissioner for Patents & Trademarks, writes in today’s Wall Street Journal about last month’s decision by the European Parliament to pass on a directive that would have established a Europe-wide standard for patenting computer related inventions.

You can view the article here (subscription required).

One of the most interesting aspects of the article is Mr. Lehman’s subtle outline of several possible side effects of the decision that might come to life in the United States.

First, the decision might negatively affect international harmonization efforts.  Mr. Lehman is quite direct on this point, noting his regret that the “…decision of the European Parliament will make it harder to harmonize global patent laws.”

Second, it’s clear that at least Mr. Lehman believes that the decision will likely boost the anti-software patent crusade in the US.

Lastly, Mr. Lehman plainly states that the disproportionate flow of global investment in software development into the United States will continue because of the European decision.  This conclusion is based on a simple premise — investors tend to apply capital in places where protection is clear and tend to avoid applying capital where protection is cloudy.  After the decision, protection for computer-implemented inventions in Europe is cloudy but remains clear in the US.

The CII Directive is officially dead in Europe…but it may very well have lingering effects in the United States.

Posted by J Matthew Buchanan at 10:26 PM |

May 20, 2005

Patent reform in the UK

The US is not the only country in the midst of a major reform movement.  India, of course, is undergoing radical change with the recent amendments to bring its patent laws into full TRIPs compliance.

Patent reform is also underway in the UK.  One very interesting change is a new procedure that allows the Patent Office to issue non-binding opinions on the issues of patent validity and infringement.  According to this information site, the Patent Office:

aims to provide a low-cost service which helps to resolve patent disputes, and thus encourages further innovation, by providing a quick, balanced and affordable way for parties to get an impartial assessment of key issues in a patent dispute. An opinion may focus parties’ minds on those key issues and help them test the strength of their case, thus better enabling them to negotiate a settlement.

Anyone can request an opinion on any UK or European patent and there is no requirement for disclosure of the real party in interest, although the requester must disclose any relevant UK or EPO proceedings of which he is aware.  Opinions will be issued to the requester, the patent owner, and the exclusive licensee, if one exists.  The patent holder can request a review of an issued opinion.

The fee for requesting an opinion?  A proposal has been made that the fee for filing a request be set at 200 British Pounds (about $365 at today’s exchange rate).

This new opinion process is part of the Patents Act 2004, which has been passed.  The administrative procedures for the new system are currently being incorporated into the regulatory rules of the Patent Office.

Posted by J Matthew Buchanan at 11:06 AM |

December 01, 2004

Snapshot of current worldwide intellectual property legislative efforts

An extraordinary number of significant intellectual property legislative efforts are underway around the globe.  Here's a brief snapshot:

  • In the United States, an omnibus appropriations bill is being used as a vehicle to mint several new intellectual property laws, including an overhaul of the fee structure of the Patent and Trademark Office, amendment to the obviousness provisions of the patent law, establishment of a federal copyright czar, and funding for the National Intellectual Property Law Enforcement Coordination Council (NIPLAC) to protect American IP overseas and oversee enforcement.  And that's a short list.
  • In the European Union, the European Patentability of Computer-Implemented Inventions Directive is being considered and debated.  The Directive includes computer-implemented inventions as patentable subject matter.
  • In India, an amendment to the Patents Act is under consideration.  The amendment is the final legislative step to bring India into full compliance with the Agreement on Trade Related Aspects of Intellectual Property (TRIPs).  India has a January 1, 2005 deadline to be fully TRIPs compliant.  The Amendment includes food, chemicals, and pharmaceuticals as patentable subject matter.
  • In Iraq, the Coalition Provisional Authority (CPA) left an Order [.pdf] that will become law if a new Iraqi government does not revise or repeal it.   CPA Order 81 overhauls the Iraq patent law of 1970.  Among other changes, the Order creates Plant Variety Protection rights, which may impact traditional Iraqi agricultural practices.

Posted by J Matthew Buchanan at 09:07 AM |

November 17, 2004

Polish pull support for Computer-Implemented Inventions Directive in Europe

The Polish government yesterday stated that it cannot support the controversial European Patentability of Computer-Implemented Inventions Directive [.pdf; draft].  According to this article, the move by the Poles has the potential to kill the Directive.  Apparently, the Polish government will support a directive that makes it clear that "computer-implemented inventions" are patentable, so long as software is excluded.

So, what is a "computer-implemented invention" (CII)?  The draft Directive defines the term as:

any invention the performance of which involves the use of a computer, computer-network or other programmable apparatus and having one or more prima facie novel features which are realised wholly or partly by means of a computer program or computer programs

According to Patents4innovation, a CII is "[a]ny invention which is implemented using software as a component...."

The patentability of software is, of course, the hot controversy in European intellectual property law.  The Directive, and the politics surrounding it, are likely to continue to evolve...

Posted by J Matthew Buchanan at 07:12 PM |

November 01, 2004

Cnet article on European battle over software patents

Link: This article from Cnet summarizes the controversy surrounding software patents in Europe.

If you haven't followed this debate to date, this is an excellent point of entry.

Posted by J Matthew Buchanan at 07:53 AM |

May 28, 2004

Software coders go grass-roots in EU to oppose software patent directive

Link: Patents may become a big issue for the upcoming elections in Europe. European software coders are apparently making the software patent directive an election issue. The transnational election for the European Parliament is in the fall.

Posted by J Matthew Buchanan at 08:39 AM |

May 21, 2004

News Forge summary of developments in EU software patent issue

Link: The linked article is a good summary of the recent developments in the battle for software patents in the European Union. Mary Harney, the Irish Minister for Trade and Enterprise, has made patents a priority in Ireland, and apparently played a key role in getting agreement on the current draft directive. Ireland currently holds the Presidency of the EU.

The software patent directive still has to be put to a vote in the European Parliament.

Posted by J Matthew Buchanan at 11:58 PM |

May 18, 2004

European software patents on the way

Link: From ZDNet:

The European Council on Wednesday voted through controversial changes to the European Union's Software Patents Directive that will pave the way for widespread patenting of software in Europe.

Posted by J Matthew Buchanan at 11:50 PM |