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EU throws out controversial hi-tech patent directive

Posted on 6 Jul 2005 at 13:30

A review by an EU legal committee advised that the Directive be sent back to the drawing board and restarted, but the European Commission refused stall progress, saying that amendments could still be made in a second reading.

Today's vote was that second reading, and whatever the argument, it seems certain that rejection was the likely outcome. But rejection would appear the only issue that the two sides see eye to eye on. The impasse has not been overcome and it's difficult to see how a future directive on computer patents could doing anything other than similarly flounder.

The only comfort for supporters of software patents is that they retain the status quo that gives them the current patent liberties they enjoy for some time to come. And opponents are hopeful that a future patent directive will be far removed from that which was rejected today.

James Heald of the FFII told us today that 'Ultimately I suppose you could call it a no-score draw - the EP voted not to vote. But we were faced with relegation, and that's now not going to happen.

'Given that parts of the Commission and the Council are now much more aware of the dangers of software patenting than they were in 2002, it is likely that a proposal like the original 2002 Directive will never be brought forward again.'

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