On Wed, 19 May 2004 18:20:13 +0100 João Miguel Neves joao@silvaneves.org wrote:
A Qua, 2004-05-19 às 15:38, Wim De Smet escreveu:
Important to note, two things:
- the resolution will now go back to parliament (so it can still
change)
Yes. But the process is more limited in terms of time and in which amendments can be voted.
True, but no need to get hysterical about the whole thing.
- it's a slightly less bold version than the one they started it.
There are some safeguards against pure software patents (but probably not enough). So there is still hope in ending with a decent proposol.
proposal*
You've been reading Bolkenstein's press release. That's not true. There's no safeguard in requiring an "inventive step" or a "technical contribution if you don't define those terms. Those terms are already used today in EPO's practice. Have you seen any safeguard against pure software patents there?
In today's system, pure software patents are explicitly banned. People do get them but that doesn't mean they're valid. Now while the changes to the original proposal obviously won't go far enough, I was just pointing out that there is some awareness of the problem at the higher end. I agree with you that it's not a good proposal, but if the EP fights it again the EC will have to come to some kind of compromise with them. Hopefully this would turn out for the best for us.
greets, Wim