Speaking following Poland's recent decision to withdraw its support for the
proposed EU Patentability of Computer-Implemented Inventions Directive in the
form in which it was approved by the EU Council earlier this year, UK patent
expert Dr John Collins has slammed critics of the legislation, arguing that
their perception of the scope of the Directive is misguided.
Dr Collins, a partner with Marks & Clerk, one of the UK's foremost law
firms specialising in patents and trademarks, told the national media late last
month that:
"The original proposal was solely designed to clarify and unify existing
practice in the EU. However, the current version - as a result of amendments
made by the European Parliament - will result in patent holders in certain areas
losing a significant element of protection meaning that some existing patents
will become worthless."
He also criticised Linux creator, Linus Torvalds, who has recently ramped up
his opposition to the legislation, which is more commonly known as the Software
Patents Directive.
"Torvalds and his supporters lack a fundamental understanding of intellectual
property rights as they seem to be unaware that copyright can only protect software
code, and not software inventions. Allowing for patent protection on software
inventions is a requirement of the World Trade Organisation's TRIPS agreement
which states that patents must be available in all fields of technology,"
Dr Collins was quoted by the Out-Law news service as observing.