Software patent directive rejected by the European Parliament

In its second reading on 6 July 2005, the European Parliament rejected, by 648 votes to 14, the proposal for a directive on the patentability of computer-implemented inventions.

The proposal had been under preparation for years, and from the outset of the proceedings it proved difficult to reach agreement on its factual contents. The Council of Ministers had made some amendments to it, and some of the views presented at the European Parliament had also been adopted. In the end, however, unanimity was not reached.

The original aim of the proposal was to clarify and harmonise the patenting practices regarding computer-implemented inventions in the territory of the EU member states. These aims did not materialise this time.

No changes in the patenting practice in Finland

At the National Board of Patents and Registration, the patenting of computer-implemented inventions will continue in compliance with the national laws, as before. Neither will the decision have any impacts, not immediate at least, on the existing patenting practices in most of the other EU member states.

In the European practice, the patentable invention must invariably have a technical effect. Not even in computer-implemented inventions is the patent granted to the program itself but to the technical solution that is the object of the invention and which can be carried out by means of a computer.

Computer-implemented inventions are made in all technical fields, but especially in high-tech fields, such as telecommunications. Of the inventions made by Finns, high-tech ones make a substantial part and therefore the computer-implemented inventions play a crucial role for the whole country. The statistics compiled by Eurostat on high-tech patent applications filed with the European Patent Office show that, in proportion to population, Finland occupies the indisputable first position.

International patent protection is sought for a substantial part of computer-implemented inventions. Finnish patent applicants are heavy users of the PCT system. In proportion to population, Finns occupy the second position when comparing the number of applications.

The patent field keeps developing all the time and this year, too, has shown positive development within the European Patent Organisation. Especially significant from the point of view of Finnish enterprises, both major ones and SMEs, is the fact that since 1 April 2005 the National Board of Patents and Registration of Finland has operated as an international searching and examining PCT Office. The client can now use his or her mother tongue in communicating with the authorities even at the international phase of the patent application procedure.

Pekka Launis
Vice President