European Council - March 7,
2005
It has been adopted by the European Council on March, 7, last,
an amended proposal of Directive on software patentability, whose
text was already prepared as of November 18, last. The amended
proposal is intended to express a "common position"
of Member States on the subject-matter. The adopted text responds
to the revisions asked by the European Commission in consequence
of the modifications introduced in the Directive's proposal during
the first reading by the European Parliament.
In the new Directive's proposal it is specified that a "computer-implemented
invention" can be claimed as programmed computer, as a process
realised by such a computer by means of executing a software,
and as a program as such or on a carrier (e.g. a CD) provided
that, once installed or executed by a computer, it gives rise
to a product or realises a process that is patentable in accordance
with the Directive.
In view of the foregoing, a businnes method implemented via computer,
whose only contribution to the state of the art is not technical,
cannot constitute a patentable invention.
In other words, even this new proposal of the Directive acknowledges
the now well-established guidance of the European Patent Office
in favour of the computer-implemented invention which are new
and inventive, in the aim of harmonising, in accordance with such
an approach, the interpretation given by Member States' courts
on the allowability of patent claims for such inventions.
The Directive's amended proposal also guarantees the freedom to
modify computer programs without authorisation of the supplier
and/or owner of rights on such programs, provided that this is
necessary for adapting the programs to their specific use and
to the interoperability with others computer programs utilised
by the user.
Further, the text makes provision for the Commission to monitor
on the effects produced by the adoption of the Directive in each
Member State and in the Union. The Commission itself has already
expressed its positive advice on the amended proposal and stated
that it will respect any decision issued by the European Parliament
as a result of the second reading of the proposal, which looks
as it will be heated, since already during the first reading some
parliamentary groups asked the Commission to withdraw the Directive.
The text of the Directive's proposal and further information can
be found at: 
europa.eu.int/prelex/detail_dossier
