By Graeme Wearden, 21 May 2004 17:30
NEWS British companies and citizens who oppose the controversial changes to European law on software patents that were approved by the European Council earlier this week have been urged to lobby UK government ministers with their concerns.
On Tuesday the EC voted in favour of changes to the EU Software Patents Directive that appear likely to allow the widespread patenting of software in Europe.
Richard Allan MP, the Liberal Democrat IT spokesman, believes that putting heavy pressure on the department of Trade and Industry is the best way to fight against this.
"There is now an opportunity to reopen the debate, where people in the industry can put forward their views. We need to be persuading our ministers to take a more robust line, particularly Lord Sainsbury, who is in charge of patent policy," said Allan.
"Ultimately, they're the ones who vote for these changes."
Some MPs and ministers have already found themselves on the receiving end of lobbying over the issue of software patenting, according to Allan. Now could be the time to turn that trickle into a flood.
"The more concern that ministers receive, in particular from organised bodies who represent the UK software industry, the more they'll have to look at this," Allan explained.
There is still some confusion about the consequences of the EC's actions. According to the DTI, the EC's vote has removed many of the changes introduced last year by the European Parliament that would have limited the degree to which software programs could be patented.
Opponents of software patenting fear that the practice would have very damaging effects, as it would allow people to patent an idea rather than a physical device.
Robin Gross, attorney and executive directive of IP Justice, said: "They [software patents] are a really bad idea. The US did go too far in granting such broad patents for software and business methods as processes. It is stifling innovation and preventing legitimate market competition. The patent system just doesn't work well for software."
But Intellect, a body representing the UK IT and telecommunications sectors, has given warm support to the EC's actions.
Director-general of Intellect, John Higgins, said: "If the Council had taken the decision to remove patent protection the UK's individual inventors, SMEs and large multinationals, would all have been unable to protect their inventions, undermining the incentives to undertake research and development and creating a climate adverse to technology transfer.
"This is a situation which would have put UK businesses at a distinct disadvantage within the global knowledge-driven economy."
Graeme Wearden writes for ZDNet UK
Comments
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1. Joe
They're right - It will impact THIER businesses in the UK. They're just mad they can't patent walking and chewing gum at the same time, when done on a computer. Patents are meant to protect DESIGNS, and not ideas/implementations of that design. For example, Edison patented 'the lightbulb', but if someone used a different implemention (like double sealed ones did, as well as say, more modern sodium-ion bulbs), then they couldn't claim a legitimate patent right.
Didn't people learn, with the GIF patents?
2. mmm
Fight it any way you can...wankers!
3. CPK Smithies
Too broad or too obvious
Every objection I've yet read to the principle of software patents has alleged that software patents are either too broad, or their subject matter is too obvious.
Over-broad and over-obvious patents are clearly harmful - but what has software got to do with it?
However, I'm sure that this issue will be decided by commercial and political pressures rather than by reasoned argument.
4. anonymous
If we don't patent something America will eh? That sounds a bit like the arguments for Nukes in the cold war. Where did they get us exactly? Everybody spent a lot of money. Lots of kids slept very scared. How about we stop recognising the US's patents in the EU?
5. anonymous
Where do we protest? To whom do we send our emails/letters? Does anyone know of an articulate person or body that are fighting this?
6. MadPole
Well... Polish Goverment put the heat off for a while ( http://news.zdnet.co.uk/business/legal/0,39020651,39174217,00.htm ) but good question - I can't be bothered to write letters to my MP, which he probably will never read, it is him who should be interested in our opinion on the issue he represents, so please give us some poll or something!
And having read arguments for and pro the issue - I think both are equal. I actually cannot tell which situation would be better. But I know that commerce and money always wins. Patents would scew the focus of evolution of IT and the best software houses would be not the ones that produce the best software, but the ones which have the most expensive lawyers.