MEPs kill EU software patents

European software patent legislation is dead for the foreseeable future following rejection by MEPs, the EU executive said on Wednesday.

The European Parliament voted overwhelmingly, by 648 to 14, to scrap a troubled Computer Implemented Inventions Directive.

Following the setback, the latest in a long line of problems for the controversial patents, European Commission read the last rites for the CII.

“The commission respects the parliament’s wishes. That is democracy at the European level,” said a spokesman.

“There will be no new proposals from the commission.”

Brussels is stressing that the directive’s demise will not signal a free-for-all on patents but will see the status quo remain.

“The rejection… will not result in a halt to CII patents. Patents will continue at the national level,” said the commission spokesman.

“It means fragmentation, it means 25 competing systems… for member states and everyone in this area.”

The CII Directive has sparked loud opposition from a coalition of small business and anti-globalist campaigners.

Green MEP Eva Lichtenberger hailed a victory against corporate big business.

“We buried a bad law and did so without flowers,” she said.

“The legislation would have hindered the development of small companies and helped big businesses because they are the only ones that can afford patent lawyers and litigation costs.”

Legislation was intended to bring EU-wide certainty to patents against a background of stiff competition between European and US technology firms.

EU industry giants such Nokia and Siemens have lobbied hard for the 2002 directive that aimed to streamline Europe’s 25 patent regimes and cut red tape for business.

European high-tech companies represented by EICTA welcomed the parliament decision.

“This is a wise decision that has helped industry to avoid legislation that
could have narrowed the scope of patent legislation in Europe,” said EICTA director Mark MacGann.

“Europe’s high-tech industry will support the efforts of the European institutions to find broader improvements to the European patent system that will particularly benefit the interests of smaller companies.”

Europe’s small and medium business association, UEAPME, blamed the commission for a “missed opportunity” and industry to find an EU standard for CII.

“A directive that clearly prevented software patents would have been in the interest of European small firms,” said Hans-Werner Müller, UEAPME secretary general.

“However, the ambiguity of the draft as it stood could have led to the patenting of software at European level and this would have been damaging to innovation in the EU.”

“The commission missed an opportunity to bring forward a new and more balanced proposal. Subsequent attempts to remove software from the scope of the directive were hampered by the intense large industry lobby and this is to be regretted.”

Campaigners hailed a victory against industry lobbying, FFII’s Jonas Maebe said the vote was good for European democracy.

“This result clearly shows that thorough analysis, genuinely concerned citizens and factual information have more impact than free ice-cream, boatloads of hired lobbyists and outsourcing threats,” he said.

“I hope this turn of events can give people new faith in the European decision making process.”

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