Sign in Subscribe
European Union

European Union Edges Closer to Legalizing Software Patents

Strategic Insights

— 1 min read

The European Union has taken a significant step towards adopting US-style software patents, despite opposition from the open-source community. In a vote of 16 to 10, the legislature's legal affairs committee supported the draft Directive on the Patentability of Computer-Implemented Inventions, largely defeating attempts to limit software patentability. The committee's decision effectively excludes algorithms and software from patent protection, a move that has been criticized by Florian Mueller, the organizer of the NoSoftwarePatents.com lobbying campaign. The final decision now rests with the plenary vote scheduled for July 6, which will determine the outcome of the struggle in the European Parliament.

Key Takeaways:

  • The European Union's legislature has voted in favor of the draft Directive on the Patentability of Computer-Implemented Inventions, which could lead to the legalization of software patents in the EU.
  • The committee's decision effectively excludes algorithms and software from patent protection, despite opposition from the open-source community.
  • Florian Mueller, organizer of the NoSoftwarePatents.com lobbying campaign, claims that the committee vote "went near-perfectly for the proponents of software patents."
  • The final decision now rests with the plenary vote scheduled for July 6, which needs a majority of 368 votes to pass.
  • Any bill passed will then go to the EU Council for a second reading.
  • Companies have a chance to influence the outcome by waking up to the issue, otherwise the EU will legalize software patents by statutory law within a matter of months.

Statistics:

  • Vote in favor of the draft Directive on the Patentability of Computer-Implemented Inventions: 16
  • Vote against the draft Directive on the Patentability of Computer-Implemented Inventions: 10
  • Number of amendments proposed by former French Prime Minister Michel Rocard: 17
  • Total number of amendments initially proposed: 256
  • Number of votes needed for a bill to pass the plenary vote: 368
  • Number of months it may take for the EU to legalize software patents by statutory law if companies do not take action: to be determined

Sources:

  • EU legislature's vote on the draft Directive on the Patentability of Computer-Implemented Inventions
  • Florian Mueller's statement on the NoSoftwarePatents.com website
  • Former French Prime Minister Michel Rocard's proposal of 17 amendments to the draft Directive on the Patentability of Computer-Implemented Inventions.

Read more