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JURI Rapporteur Proposes Changes To Software Patent Directive

by Ulrika Lomas, for LawAndTax-News.com, Brussels

17 June 2005

According to reports in the European media, rapporteur for the European Parliament's Legal Affairs Committee (JURI), Michel Rocard has submitted proposed amendments to the directive on the patentability of computer-implemented inventions, also known as the software patent directive.

Key among the changes proposed by Mr Rocard is that "computer-aided invention" should be substituted for "computer-implemented invention" throughout the text of the directive.

"The expression 'computer-implemented' is not suitable, because it may let one think that an invention can be wholly realised by means of a computer, which would mean that software can be patentable. Since both the Commission and the Council agreed that software should not be patentable, the scope of the directive has to be defined so as to exclude this case," he explained.

Other proposals put forward by EP official reflect changes introduced by the Parliament in the first reading of the legislation, which were subsequently stripped out by the European Council.

If the draft amendments are approved by JURI next week, they will be voted on by the entire European Parliament in July.

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