2004-11-05 PL Government and Industry United against Council Software Patent Agreement

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On Friday, 2004-11-05 at 13:00, invited by state secretary Wlodzimierz Marcinski, representatives of many Polish organizations, companies and institutions, met in the polish Ministry of Science and Informatization to analyze to directive on software patents accepted as a political agreement by the Council of EU on 18 may 2004.


Among the participants where:

Testsuite Approach

A few weeks in advance the interested parties where asked to prepare example patents which they want to be analyzed at the conference, express an opinion should they be patentable, and wheather they are patentable under the analyzed directive.

The methodology was approximately that of the testsuite which has been advocated by the FFII and refused by the patent lobby and its governmental followers in other EU member states for many years.

Nearly 100% Rejection of Council Position, Overwhelming Support for Parliament

During the conference the Ministry asked all participants three questions:

1) do you think that the directive as accepted on 18 may 2004 by the Council allows software patents?

Everyone agreed that it fully does. Not a single patent lawyer or big business lobbyist objected.

2) do you think that software patents should be allowed?

Everyone except two patent lawyers (who spoke only for themselves) agreed that they should not.

3) what would you like to be done with the directive?

NGOs agreed that it should be ammended in the way European Parliament did it last year. Sun called for rejecting the directive, Novell and HP also support that position.

It's significant that the Polish Patent Office fully supported the negative opinion about the Council Agreement, recommended retracting the support for it, and rediscussing it.

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