2004-06-29 FR Written question from MP Jean-Yves Le Déaut to French Government
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Perfectly matching our requests expressed in Urgent Appeal, Jean-Yves Le Déaut (French MP, Socialist) has filed a written question to the French Minister of Economy:
- Mr. Jean-Yves Déaut draws the attention of Mr. minister of State, minister for the economy, finances and industry, on the position of France as for the proposal for a joint position of the Council of the European Union about patentability of software. He notes that, May 18, 2004, France voted in favour of the text proposed by the Irish presidency which actually authorizes the patentability of any software. In this text, a manifest legal contradiction is raised. Indeed, its recital 7 B supposed to restrict the patentability of the software is contradicted by recital 13 and article 2 B stipulating that a software can only carry out a "technical contribution". Recital 7 B is also in contradiction with article 5 B which authorizes the patentablility of software carrying out such "technical contributions". This porcedure thus makes inoperative article 4 a of the text, supposed to allegedly limit the patentability of software to the only "technical" software. It thus makes it possible to actually patent any type of software, because those are always created to solve a given "technical problem", as Mr. David Sant, official representative of the European Patent Office, confirmed it near the European institutions. He thus asks him if France intends to defend at the European and international authorities the unpatentability of software and if it is envisaged at this purpose to support the amendments voted by the European Parliament concerning the explicit definition of technicity within the meaning of patent law, the exclusion out of the scope of patents of any data processing, the unpatentability of the software taking part in the implementation of an invention, and finally interoperability.
