[A2k] Patent Package vote on Tuesday 11 December - full text of Amendment 73 and 74

Erik Josefsson erik.hjalmar.josefsson at gmail.com
Sat Dec 8 23:45:56 PST 2012


Hello,

Further to previous discussions on this list, here's the subject matter
test, Europe style, to be voted with roll call in the Patent Package on
Tuesday 11 December:

    Amendment 73
    Eva Lichtenberger, Christian Engström on behalf of the Verts/ALE Group
    Report Bernhard Rapkay Enhanced cooperation in the area of the
    creation of unitary patent protection
    COM(2011)0215 -- C7-0099/2011 -- 2011/0093(COD) A7-0001/2012

    Article 3 b (new)
    1. European patents with unitary effect shall be granted for any
    inventions, in all fields of technology, provided that they are new,
    involve an inventive step and are susceptible of industrial application.
    2. The following in particular shall not be regarded as inventions
    within the meaning of paragraph 1:
    (a) discoveries, scientific theories and mathematical methods;
    (b) aesthetic creations;
    (c) schemes, rules and methods for performing mental acts, playing
    games or doing business, and programs for computers;
    (d) presentations of information.

    Justification
    The goal of this amendment is to codify into EU Law, provisions
    defining an invention as set up by the European Patent Convention
    and other international agreements. The wordings of the amendment is
    compliant with the EPC, and moreover is enhancing the EPC own
    wordings, by clarifying some difficulties that have resulted in
    divergent interpretations by various national courts. Hence, this
    amendment contributes to the goal of having a unified enforcement of
    European patents with unitary effect.

And to clarify how "programs for computers" are not inventions within
the meaning of patent law, here's AM74:

    Amendment 74
    Eva Lichtenberger, Christian Engström on behalf of the Verts/ALE Group
    Report Bernhard Rapkay Enhanced cooperation in the area of the
    creation of unitary patent protection
    COM(2011)0215 -- C7-0099/2011 -- 2011/0093(COD) A7-0001/2012

    Article 3 c (new)
    1. A set of instructions for solving a problem by means of an
    automated system consisting only of generic data processing hardware
    (universal computer), also called "program for computers" or
    "computer-implemented solution", is not an invention within the
    meaning of the substantive patent law applicable to a European
    patent with unitary effect, regardless of the form under which it is
    claimed.
    2. A claimed object may be an invention within the meaning of the
    substantive patent law applicable to the European patent with
    unitary effect only if it contributes knowledge to the state of the
    art in a field of applied natural science; an invention is a
    teaching about cause-and-effect relations in the use of controllable
    forces of nature.

    Justification
    This amendment defines some rules of patentability in the same way
    as voted by the European Parliament on September 24/ 2003 on its
    first reading on the software patents. The wordings of the amendment
    is compliant with the EPC, and moreover is enhancing the EPC own
    wordings, by clarifying some difficulties that have resulted in
    divergent interpretations by various national courts. Hence, this
    amendment contributes to have a unified enforcement of European
    patents with unitary effect.

Best regards.

//Erik



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