In what can be called the most surprising about-face in the patent-wars in Europe, the EC went from:
“The Commission maintains that, without the directive, patents on computerised inventions will continue being granted by national offices and the European Patent Office,” said the Commission in a statement.
to a totally different song:
“The EPO would… apply and be bound by a new unitary Community law
with respect to Community patents,” said the EC in a statement. “The
draft Community Patent regulation confirms in its Article 28.1(a) that
patents granted for a subject matter (such as computer programs), which
is excluded from patentability pursuant to Article 52 EPC [European
Patent Convention], may be invalidated in a relevant court proceeding.”
and in the process, they totally shocked Pieter Hintiens, president of the Foundation for a Free Information Infrastructure, who said, in what should probably be placed in a great-quotes-of-all-times list somewhere:
“I’m stunned,” said Pieter Hintjens, the president of the FFII on
Wednesday. “Does the Commission now accept that the EPC rules do
actually rule? Or have I misunderstood something?”
The fact that the EC has finally accepted the fact that the European Parliament decided to reject the software patent directive is an incredible shocker for all the people involved in the patent wars, mostly because the EC has seemed to be firmly encroached in the pocket of all the companies that support software patents…and now, at a question from the Polish MEP, Adam Glerek, the EC comes out with a statement (linked to from the question of the MEP) that I’m pretty sure is not easy to accept for those companies that counted on having the EC on their corner…but the no-patents-on-software people are sure happy, I bet :)
Does this mean that the patent wars in Europe are over? I don’t really think so. I’m pretty sure the pro-patent side will go back at trying to get the EC and the whole of the EU on their side, and won’t give up on it. On the other hand, I’m also pretty sure that the no-patent side will also not sit idly by and let them get their wish. Who will win in the end? The world, I hope, if the EU and EC stick to the no-patents-in-software side.
Technorati Tags: patents, european union, european comission, adam glerek, pieter hintiens, foundation for a free information infrastructure, ffii
Tags: Thoughts
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