-------- Mensagem Original --------
Assunto: PI_Brasil patentes de software
Data: Fri, 11 Aug 2006 07:55:56 -0300
De: abrantes <[EMAIL PROTECTED]>
Reply-To: [EMAIL PROTECTED]
Para: <[EMAIL PROTECTED]>
Apos o fracassso da aprovação da Diretiva Europeia de Software, uma nova
tentativa de harmonização europeia esta a caminho..
Patent litigation treaty renews software patents battle
OUT-LAW News, 11/07/2006
A new battle over software patents in Europe is set to begin this week
as the European Commission begins hearings into the establishment of a
new European Patent Court.
In 2002, the Commission proposed a Directive on Computer-Implemented
Inventions which critics feared would open the floodgates to software
patents in Europe. After heated debate the European Parliament threw out
the proposal last year.
Now anti-software patent campaigners are opposing a proposal for an
international treaty, the European Patent Litigation Agreement (EPLA),
that would establish a new European Patent Court and, according to the
critics, endorse software patents.
Florian Mueller is a software developer who founded the
NoSoftwarePatents campaign which lobbied against the 2002 proposal. He
will speak at the European Commission's first public hearing into the
latest matter on Wednesday. "The EPLA is now the priority of the
Commission, the European Patents Office, some EU member states such as
Germany, and the lobbying organizations of big industry," said Mueller,
citing Microsoft and Nokia among its backers.
Mueller has made the text of his speech on Wednesday available. "The
EPLA is just another attempt to give software and business method
patents a stronger legal basis in Europe than they have now," he will
argue. "From a software patents point of view, the EPLA would have far
worse consequences than the rejected patentability directive would have
had: not only would software patents become more enforceable in Europe
but also would patent holders in general be encouraged to litigate."
The EPLA, drafted in 2004, proposes a new European Patent Court. "There
is already a European Patent Office," said Mueller. "The EPLA would
mirror the EPO's governance structure and create a new European Patent
Judiciary (EPJ), an international organization that would run a new
European Patent Court (EPCt)."
Mueller fears that this could lead to a doubling or a tripling of the
cost of patents in Europe.
When the Commission conducted a consultation process, cost was one of
the primary concerns, particularly of small and medium-sized companies.
Another worry of larger companies in the software sector was that
patents which are too broad in scope would be granted.
"The IT industry, represented by EICTA, identifies patent quality as a
primary issue of concern," said the Commission's preliminary findings
document. "On one hand, patents must be rendered as incontestable as
possible. This is not to be achieved by enlarging patentability criteria
and a lax review system, but via a re-evaluation of the inventive step
requirement through a quality control system and rigour in examination
and prior art search."
While Mueller will be objecting strongly to the new proposals, he is
confident that the proposal for a community-wide patent will not be
ratified by the EU. "The community patent isn't going to get the
required unanimous support by the 25 EU member states anytime soon, and
internal market commissioner McCreevy recently repeated that he won't
introduce a new harmonization directive during his mandate, which ends
Hudson Lacerda <http://geocities.yahoo.com.br/hfmlacerda/>
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