Out-Law / Your Daily Need-To-Know

A proposal for a software patent directive, due to be submitted to the European Parliament for plenary debate and subsequent decision yesterday, has been delayed for the second time. The controversial proposal will now come before the Parliament on 22nd September.

The draft directive proposes rules for what the EU calls the "patentability of computer-implemented inventions." These are described as devices like mobile phones, intelligent household appliances, engine control devices, machine tools and computer program related inventions.

The wording has been carefully chosen to try to alleviate concerns that the legislation will introduce US-style software patents into Europe – but appears to have failed in this aim.

Only last week, in the run up to the expected debate on Monday, protests were organised, resulting in a demonstration last Wednesday outside the Parliament building in Brussels and an on-line protest. Four hundred demonstrators and the operators of hundreds of web sites voiced their objections in person and on-line.

No official reason has yet been given for this second delay - the Parliamentary debate was originally due to take place in June - although a source at the Parliament told legalmediagroup.com that "The reason is to give political parties more time to find an agreement on the final wording of the draft".

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