Government decides: patents for internet trading and computer software.The Government's decision on patents to protect computer programs and internet trading methods has been announced. This follows the recent consultation 'Should Patents Be Granted for Computer Software or Ways of Doing Business?'. The key conclusions include: * there should be no significant change to the patentability of software; * the law is not clear enough. Urgent European European emanating from or pertaining to Europe. European bat lyssavirus see lyssavirus. European beech tree fagussylvaticus. European blastomycosis see cryptococcosis. action to clarify is needed * business methods should remain unpatentable. Ms Hewitt E-Minister said: "Some people who responded to our consultation favour making it easier to patent software, others see patents as a threat to development of new software. Our key principle is that patent should be for technological innovations. So a program for a new machine tool should be patentable but a non-technological innovation, such as grammar-checking software for a word-processor, should not be. "The majority of those who responded agree with the Government and oppose patents for ways of doing business on the internet." Consumer Affairs Minister Dr Kim Howells said: "The patent system is there to stimulate innovation and benefit the consumer. This is the test we have applied to determine what should, and should not, be patentable in the fields of computer software and ways of doing business. "Patent law is harmonized har·mo·nize v. har·mo·nized, har·mo·niz·ing, har·mo·niz·es v.tr. 1. To bring or come into agreement or harmony. See Synonyms at agree. 2. Music To provide harmony for (a melody). under the European Patent Convention The Convention on the Grant of European Patents of 5 October 1973, commonly known as the European Patent Convention (EPC), is a multilateral treaty instituting the European Patent Organisation and providing an autonomous legal system according to which European patents , and we shall be recommending the conclusions we have reached to our European partners. The European Commission European Commission, branch of the governing body of the European Union (EU) invested with executive and some legislative powers. Located in Brussels, Belgium, it was founded in 1967 when the three treaty organizations comprising what was then the European Community is currently evaluating its own consultation on software patents, and we shall be pressing them for an early Directive which embodies our conclusions, and with which the Convention can then be aligned. "In particular we shall press for clarification of European patent law European patent law covers a wide range of legislations including national patent laws, the Strasbourg Convention of 1963, the European Patent Convention of 1973, and a number of European Union directives and regulations. to put an end to to destroy. - Fuller. See also: End uncertainty about what software can and cannot be patented. The consultation showed that at present there is confusion, and that that is damaging." Should Patents Be Granted for Computer Software or Ways of Doing Business: The Government's conclusions may be viewed at the Patent Office website www.patent.gov.uk. Editorial Notes: 1. Patents are restricted to the protection of technical inventions. Present UK law (the Patents Act 1977) and the European Patent Convention (1973) exclude computer software as such and methods of doing business as such from patent protection. These exclusions have been in place for many years but the pace of change of technology and the growing importance of e-commerce e-commerce, commerce conducted over the Internet, most often via the World Wide Web. E-commerce can apply to purchases made through the Web or to business-to-business activities such as inventory transfers. is calling into question the current regime. 2. Following judicial decisions US practice has moved towards granting patents for software and non-technical business methods. Such divergence divergence In mathematics, a differential operator applied to a three-dimensional vector-valued function. The result is a function that describes a rate of change. The divergence of a vector v is given by of practice has prompted reconsideration re·con·sid·er v. re·con·sid·ered, re·con·sid·er·ing, re·con·sid·ers v.tr. 1. To consider again, especially with intent to alter or modify a previous decision. 2. of the European regime. 3. Details are available at the Patent Office website (www.patent.gov.uk). Details of the Commission's consultation are available on the DG Internal Market website at:http//leuropa.eu.int/comm/internalmarket/enlintprop/index.htm |
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