Out-Law / Your Daily Need-To-Know

Sixty-one MEPs have asked the European Commission to send its proposed Directive on the patentability of computer-implemented inventions back to Parliament for a first reading – because it has changed so radically since the Parliament first considered it.

In a joint motion, the MEPs say the membership of the Parliament has also changed dramatically since the first reading took place on 24th September 2003, the result of Parliamentary elections last June.

Since that first reading, they say there is also a better understanding of patent risks for public and private sector parties when they buy or use software and connected services.

The coalition wants the Parliamentary President tell the Commission that the current proposals need to be reviewed.

The draft Directive, often called the Software Patents Directive, was widely expected to be rubber-stamped by the Council at the last Council meeting of 2004. But the Polish Government won a delay in the vote – the second time that Poland had delayed the Directive.

Polish representatives dominate the latest move, comprising 31 of the 61 MEPs. Twelve other Member States are represented.

To succeed, the motion would need the approval of a majority of the European Parliament's 732 MEPs and the leaders of all the political groups.

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