[Fsfe-france] Re: Update of Software Patents Agenda

[Francois PELLEGRINI]

address@hidden wrote:
> karin kosina writes:
>  >     maybe that's a stupid question, but *who* will make the final
>  > decision about whether software patents will be legal? I figure it's the
>  > European Commission, but is that true?
> 
>         From http://www.fsfeurope.org/swpat/swpat.en.html
> 
> In Europe, the CONVENTION ON THE GRANT OF EUROPEAN PATENTS (EUROPEAN
> PATENT CONVENTION) (published in 1973 and revised December, 17th 1991)
> explicitly excludes programs for computers from the field of
> patentable inventions (article 52.2). This convention is voted by
> representatives of each european country and is binding for all of
> them.
> 
>         Therefore it is not the European Commission. However the European
> Commission has a great influence and in that respect plays an important
> role in the final decision.

The GDIM is taking the case. It is their role to draft a new directive
on patents.

>         I added the fact that the European Commission does not rule this
> case to the page.

Read my previous posts : the EPO is now waiting for the Commission to
draft a European directive on patents, which wold allow software
patenting.
Else, the EPO alone would be in conflict with national laws, without
any right to ask them to change...
This explains why the EPO voted against the removal of art 52.2.
They are just patient.


                                                f.p.