MEPs must overhaul their practices as patent decision ducked

11.31.55am UTC (GMT +0000) Wed 6th Jul 2005

London Liberal Democrat MEP Sarah Ludford is not among MEPs rejecting proposed directive on patentability of 'computer-related inventions'. She said:

"Rejection only prolongs the uncertainty around patentability of software-related inventions in the EU. It is running away from the need to take a decision."

"I deeply regret that MEPs are proving incapable of coming up with a sensible version of the text, one which could ensure support for innovation but also reassure software writers and users that we were not going down an American-style route of allowing patents for pure software."

"MEPs are not covering themselves in glory. This process has displayed all the defects in the way we legislate at EU level, which must be addressed if we are to avoid portraying ourselves as incapable of legislating on complex but vital subjects:

First, secrecy in the Council of Ministers: it is impossible to be well-informed on the reasoning behind the Council's common positions.

Second, obstacles to understanding: it is hugely difficult to track on the Council's website the chronological development of the legislation even if documents are theoretically available.

Third, the wrong choice of European Parliament rapporteur: the convention that a report is the property of a group and it is 'not done' to query their allocation to a particular member must be junked.

Fourthly, the stupidity of using a misleading shorthand description: in this case shortening the long title of a Directive (Computer-Implemented Inventions) to 'software patents' was understandable but disastrous. While it is laudable to try to simplify technical terms, we managed stupidly to signal, quite wrongly, that there was an intention to patent pure software as in the US.

Fifthly, the absence of parliamentary draughtsmen to advise MEPs: we need Westminster-style advisers who can give guidance on the precise meaning of terminology.

Notes:

The European Parliament voted today to reject the Common Position of the Council on the Directive on Patentability of Computer-Implemented Inventions by 648 votes to 14, with 18 abstentions.