[ffii] EPO software patents continue despite 10th anniversary of the European Parliament vote

Rene Mages (ramix) rmages at ffii.org
Tue Sep 24 14:58:39 CEST 2013


PRESS RELEASE -- [ Patents / Innovation / Economy ]
=================================================================
EPO software patents continue despite 10th anniversary of the European
Parliament vote
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Brussels, 24 September 2013 - Ten years after the historical vote of
the European Parliament to ban software patents, the EPO, the patent
community and large companies continue to push for their validation
through the Unitary Patent Court.

Benjamin Henrion, president of the FFII, says: "Freedom of programming
has won that day, but it did not take long for the enemies of freedom
to fight back. While freedom fighters went back to their businesses
and families, the patent community kept pushing for the next step, a
central patent court in order to validate the software patents granted
by the EPO."

FFII vice president Rene Mages declares: "The patent microcosm excels
to lobby the European commission and to change the designation (in a
way a clumsy strategy) specially when our activism is winning : CII,
EPLA, London Agreement, UPLS, and now Unitary Patent with a new Patent
Court but the main goal is an invariant : to make official an
intolerable drift of the patentable subject matters since 1986 (see
Vicom case law). This type of underhand drift is profit-making for the
patent microcosm, that goes without saying"

The patent failure (title of a famous Bessen-Meurer book) is more than
obvious : one of the best proofs is the increasing number of patent
litigations ( see the pitiful saga of the patent trolls). It is time
to rewrite new patent law texts, in particular to redefine what is not
an invention, what is not an industrial application. Patent laws
currently in force were fitted (but often in a controversial way) to
the two previous centuries but they are completely inapplicable at the
new digital world. FFII founder Hartmut Pilch - during 2008 - has said
with a great pertinence : "Integrate the patent and copyright system
into a paradigm that is compatible with the digital age". Of course it
is time also to put on the table the EPO non legitimacy to interprete
the law. EPO is not an official European institution (with SUEPO we
must repeat and repeat this evidence). The FFII favorite mantra is
more than ever true : "Never forget this evidence: The European Patent
Office finances itself by fees from the patents which it grants". It
is an open secret that European commission is under influence of EPO
and patent microcosm. Is it clear enough for a majority of our
politicians?

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Links
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* Europarl 2003-09-24: Amended Software Patent Directive
http://eupat.ffii.org/papers/eubsa-swpat0202/plen0309/resu/index.en.html

* The Unitary Patent Package: Twelve Reasons for Concern  (by Reto
Hilty, Thomas Jaeger, Matthias Lamping, Hanns Ulrich )
http://www.ip.mpg.de/files/pdf2/MPI-IP_Twelve-Reasons_2012-10-17_final3.pdf

* The European Unified Patent Court: Assessment and Implications of
the Federalisation of the Patent System in Europe by Dimitris Xenos
(2013)
http://script-ed.org/wp-content/uploads/2013/08/xenos.pdf

* Unitary patent under enhanced cooperation (the 2012-12-11 comment of
Gibus a former FFII vice-president)
http://blog.ksnh.eu/en/2012/12/09/what-if-the-united-kingdom-were-to-leave-the-european-union/#comment-1807

* Vicom case law
http://www.epo.org/law-practice/case-law-appeals/recent/t840208ep1.html

* Patent failure (by James Bessen and Michael J. Meurer)
http://researchoninnovation.org/dopatentswork/

* The pitiful saga of patent trolls
http://wiki.ffii.fr/wakka.php?wiki=PatentTrolls

* Patents Considered Evil  (by Pieter Hintjens a former FFII president)
http://hintjens.com/blog:31

* The warning of SUEPO to the President of the European Parliament:
http://epla.ffii.org/forum/t-240861/no-power-for-the-parliament-warns-epo-examiners-association

* Copyright For Innovation (by Hartmut Pilch the FFII founder)
http://eupat.ffii.org/c4i/

* Permanent link to this press release
https://press.ffii.org/Press_releases/EPO_software_patents_continue_despite_the_european_parliament_vote

======================================================
Contact information
======================================================

Benjamin Henrion (FR/EN)
FFII  Brussels
Mobile: +32-484-566109
Email: bhenrion (at) ffii.org

Rene Mages (FR/EN)
FFII  France
Mobile: +33-680-606496
Email: rmages (at) ffii.org

FFII Office Berlin (DE/EN)
Malmöer Str. 6
D-10439 Berlin
Fon: +49-30-41722597
Fax (office service): +49-721-509663769
Email: office (at) ffii.org
http://www.ffii.org

================================================================
About the FFII
================================================================

The  FFII is a not-for-profit association, dedicated to the
development of  information goods for the public benefit, based on
copyright, free  competition, and open standards. More than 1,000
members, 3,500  companies and 100,000 supporters have entrusted the
FFII to act as their  voice in public policy questions concerning
exclusion rights in data  processing.



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