Anti-software patent campaigners claimed victory yesterday after MEPs amended a proposal asking the Commission to put forward legislation allowing for the mutual recognition of national patents among the 25 Member States.
The removal of three words – “small” and “mutual recognition” – from the proposal was enough to please the lobbyists, who had been concerned that the mutual recognition of national patents would result in a flood of patent suits all over Europe.
The Foundation for a Free Information Infrastructure (FFII) and campaigner Florian Mueller had also been concerned that the proposal would see a reduction in patent quality and an increase in software patents, as patent applicants shopped around to find national patent offices willing to grant their patents.
Mueller called the outcome of the vote "excellent news from Strasbourg". He explained that the amendment was made only to a call for legislation, and did not amount to a vote on legislation itself. But he said that such a call "would have been a disappointing start for [anti-software patent campaigners] with respect to the EU's new patent policy initiative, and it would have had negative effects for the future".
Brussels-based Benjamin Henrion of the FFII also welcomed the European Parliament's decision saying that it showed that the Parliament was keeping all its options open.