View source for Proposed directive on the patentability of computer-implemented inventions

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{{Infobox EU legislation
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| title               = Proposal for a Directive of the European Parliament and of the Council on the patentability of computer-implemented inventions
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| status              = Rejected
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The '''Proposal for a Directive of the European Parliament and of the Council on the patentability of computer-implemented inventions''' (Commission proposal COM(2002) 92),<ref name= "COM(2002)92">{{Cite web|url=https://eur-lex.europa.eu/legal-content/EN/ALL/?uri=CELEX%3A52002PC0092|title=Proposal for a Directive of the European Parliament and of the Council on the patentability of computer-implemented inventions|website=eur-lex.europa.eu}}</ref> procedure number 2002/0047 (COD)<ref>{{Cite web|url=https://eur-lex.europa.eu/procedure/EN/172020|title=Proposal for a Directive of the European Parliament and of the Council on the patentability of computer-implemented inventions |website=eur-lex.europa.eu}}</ref> was a proposal for a [[European Union]] (EU) [[European Union directive|directive]] aiming to harmonise national patent laws and practices concerning the granting of [[software patent|patents for computer-implemented inventions]], provided they meet certain criteria. The [[European Patent Office]] describes a computer-implemented invention (CII) as "one which involves the use of a computer, computer network or other programmable apparatus, where one or more features are realised wholly or partly by means of a computer program".<ref>European Patent Office, [https://www.epo.org/law-practice/legal-texts/html/guidelines/e/j.htm Index for Computer-Implemented Inventions], accessed 19 July 2022</ref>

The proposal became a major focus for conflict between those who regarded the proposed directive as a way to codify the case law of the [[Appeal procedure before the European Patent Office|Boards of Appeal of the European Patent Office]] (unrelated to the EU institutions) in the sphere of computing, and those who asserted that the directive is an extension of the [[patentability]] sphere, not just a harmonisation, that ideas are not patentable and that the expression of those ideas is already adequately protected by the law of [[copyright]].

Following several years of debate and numerous conflicting amendments to the proposal, the proposal was rejected on 6 July 2005 by the [[European Parliament]] by an overwhelming majority of 648 to 14 votes.<ref>[http://www.out-law.com/page-5884 Patents Directive killed by European Parliament], OUT-LAW News, 06/07/2005</ref>

==History==
===Original draft===
On 20 February 2002, the [[European Commission]] initiated a proposal<ref name= "COM(2002)92"/> for a [[European Union directive|directive]] to codify and "harmonise" the different EU national patent laws and cement the practice of the European Patent Office of granting patents for computer-implemented inventions provided they meet certain criteria (cf. [[software patents under the European Patent Convention]]). The directive also took on the role of excluding "business methods" from patentability (in contrast with the [[Software patents under United States patent law|situation under United States law]]), because business methods as such are not patentable under the different European national patent laws or under the [[European Patent Convention]].

Opponents of the original directive claimed that it was a thinly disguised attempt to make all software patentable. Supporters, however, argued that this was not the case since the proposal explained in several locations (pages 11, 14, 24, 25) that there should be no extension to the existing scope of patentability for computer programs and that pure business methods implemented in software would not be patentable.<ref name= "COM(2002)92"/> Only computer programs which provided a "technical contribution" would be patentable.

This reliance on the word "technical" was an important weakness in the directive, since it is not a word that has a well-defined meaning, and a "technical contribution" was only defined as being "a contribution to the state of the art in a technical field which is not obvious to a person skilled in the art." (See Article 2 of the proposal).<ref name= "COM(2002)92"/> Nevertheless, the term has been used as a benchmark for what is and is not patentable by the [[European Patent Organisation|European Patent Office]] and by individual national Patent Offices and courts in Europe (particularly the [[Software patents under United Kingdom patent law|United Kingdom]] and Germany) since the early 1980s. A general understanding of its meaning can be gleaned from studying the resulting case law, summarised in [[Software patents under the European Patent Convention]]. The subsequent failure of the European Parliament to develop an acceptable definition of what was meant by the word technical illustrates the difficulty inherent in attempting to do so.

=== Transformation by the European Parliament ===
On 24 September 2003, the [[European Parliament]] passed the directive in a heavily amended form,<ref>[http://swpat.ffii.org/papers/europarl0309/index.en.html Europarl 2003-09-24: Amended Software Patent Directive] {{Webarchive|url=https://web.archive.org/web/20070205140800/http://swpat.ffii.org/papers/europarl0309/index.en.html |date=5 February 2007 }}, ''Foundation for a Free Information Infrastructure'', accessed 7 July 2005</ref> which placed significant limits on the patentability of software. The most significant changes included:
* a definition of the "technicity" requirement for patentability which distinguishes between abstract information-processing processes and specific kinds of physical processes (only the latter are "technical");
* a blanket rule that patents cannot be used to prevent [[interoperability]] between computer systems.

[[Patent attorney]] Axel H. Horns, however, voiced concern that Parliament's wording might extend the ban on software patents to inventions potentially implementable in software, such as signal processing equipment.<ref>[http://216.92.57.242/patentepi/data/040901SoftPat-10-FINAL.pdf "The Protection of Software and the Crisis of the Patent System"] {{Webarchive|url=https://web.archive.org/web/20050911032516/http://216.92.57.242/patentepi/data/040901SoftPat-10-FINAL.pdf |date=11 September 2005 }}, Axel H. Horns, p8,15.</ref>

Politically, these amendments were supported almost unanimously by small parties on both the right and left, while the larger groupings ([[Party of European Socialists|socialists]], [[Alliance of Liberals and Democrats for Europe|liberals]] and [[European People's Party|conservatives]]) were all split, with the balance of socialists leaning in favour of amendment and the balance of conservatives leaning against.

Parliament's amendments were a major defeat for the directive's original proponents. Rather than confirming the practice of granting patents for computer programs which provide a technical contribution, the revised directive placed substantial limits on patentability.

=== Reversion by the Council of Ministers ===
Under the [[codecision procedure]], both the European Parliament and the [[Council of the European Union|Council of Ministers]] (representing national Governments) must approve a text in identical terms in order for a proposal to become law. On 18 May 2004, the Council agreed in an advisory vote to resubmit to Parliament what was described as a "[[compromise]] version" of the proposal. The agreed version permitted patenting of computer-implemented inventions (providing the inventions have a "technical character") and overturned most of Parliament's amendments. Critics of the Directive argued that the "technical character" requirement was open to too much interpretation and could lead to almost unlimited patentability of software. Proponents, also, felt that the amended version contained too many ambiguities to be capable of meeting the original purpose of the Directive, which was to harmonise the law across Europe. Nevertheless, the Council formally approved this resolution on 7 March 2005.<ref>[http://news.bbc.co.uk/1/hi/technology/4325215.stm "EU ministers endorse patent law"], BBC News.</ref> The revised proposal was resubmitted to Parliament.

=== Developments between first Parliament decision and Council decision ===
Subsequently, in an unprecedented move, the Dutch national parliament passed a motion requesting that the nation's ministerial representative on the council, [[Laurens Jan Brinkhorst]], change his vote on the council's version of the directive, from "in favour" to abstention. Brinkhorst stated that he would not do this.<ref>[https://web.archive.org/web/20040814230136/http://www.theinquirer.net/?article=16984 "Dutch Parliament causes EU software patents crisis"], ''The Inquirer'', accessed 7 July 2005.</ref> The council's confirmation (or otherwise) of its President's "compromise" had also been delayed.<ref>[http://ec.europa.eu/idabc/en/document/3378 "EU software patents directive delayed"], ''iDABC eGovernment News''.</ref>

The [[Poland|Polish]] government announced on 16 November 2004, that it could not "support the text that was agreed upon by Council on 18 May 2004".<ref>[http://www.euractiv.com/Article?tcmuri=tcm:29-132419-16&type=News "Software patents law up in the air after Poland pull out"], ''EuroActiv.com''.</ref> A joint press release by the [[Foundation for a Free Information Infrastructure|FFII]], the [[Internet Society]] Poland, and NoSoftwarePatents.com, supported the concerns of opponents of the Council directive, stating:
<blockquote>at a meeting hosted by the Polish government on the 5th of this month, everyone including representatives of the Polish Patent Office, SUN, Novell, Hewlett-Packard and Microsoft, as well as various patent lawyers, confirmed that the present proposal of the EU Council does make all software potentially patentable.<ref>[http://swpat.ffii.org/news/04/cons1117/index.en.html "Poland Does Not Support Current Proposal for EU Software Patent Directive"] {{Webarchive|url=https://web.archive.org/web/20050124072941/http://swpat.ffii.org/news/04/cons1117/index.en.html |date=24 January 2005 }}, Joint Press Release Foundation a Free Information Infrastructure, Internet Society Poland, Nosoftwarepatents.com. Released 4 December 2004.</ref> </blockquote>

On 7 December 2004, the Belgian Minister of Economic Affairs, [[Marc Verwilghen]], stated that no Council decision would be taken until 2005 "for the reason that the [[Qualified Majority Voting|qualified majority]] does not exist anymore". However, amid rumours of a change in the Polish position, 13–15 December meeting of the council's [[COREPER|Committee of Permanent Representatives]] determined that a qualified majority appeared to exist, and that the council's revised version of the directive would be scheduled for formal adoption by the council, without further debate, probably at the Agricultures and Fisheries Council meeting on 21 and 22 December 2004.<ref>[http://register.consilium.europa.eu/pdf/en/04/st15/st15967.en04.pdf 2077th meeting of the permanent representatives committee (Part 1)]. Meeting minutes: held Monday 13 (11.00) and Wednesday 15 (10.15) December 2004.</ref>

Statements expressing reservations were attached to this Common Position by [[Belgium]] (which abstained), France (which hoped for further changes to the directive), the [[Netherlands]] (where the parliament requested their representative vote against), Poland (which was opposed until recent diplomatic pressure), [[Hungary]] and [[Latvia]]. Germany was ambivalent, saying that the text of the directive could benefit from improvements.

Due to the expressed reservations and especially to opposition from Poland, whose Minister of Science and Information Technology made a special journey to Brussels to demand that the directive be dropped from the agenda, the council's vote was postponed "indefinitely".

Meanwhile, a group of 61 MEPs from 13 countries tabled a "motion for a resolution" to restart the entire legislative process. On 2 February 2005, JURI, the Legal Affairs Committee of the European Parliament, voted 19–1 in favour of asking the commission to withdraw the directive and restart the process.

The next day, [[Nicolas Schmit]], deputy foreign minister of [[Luxembourg]] (which at that time chaired the council), said that he would instead ask the council to formally adopt the draft directive at a meeting on 17 February. Although [[Poland]] stated it would only oppose this if other countries raised an objection, reports of opposition from [[Denmark]], the [[Netherlands]] and Spain ensured that the common position was not on the agenda for that meeting of the commission.

On 17 February, Parliament's Conference of Presidents (the President of the Parliament and the leaders of the political groups) approved JURI's request to restart the process, and agreed to pass the request to the European Commission. On 24 February, a plenary session of the European Parliament reinforced this message, inviting the commission to reconsider, but on 28 February the Commission refused the parliament's request.

The "common position" reappeared on the agenda of the council's 7 March meeting as an "A-item" for adoption without discussion. At the Competitiveness meeting of the council, Denmark requested that this be removed. The President of the council, seemingly in breach of the council's procedures, opposed this, "for administrative reasons" and because it would defeat the logic of the directive. The Danish representative accepted this at face value, declined to object formally, and entered Denmark's objections into the record. The common position was thus adopted without debate, and referred to the European Parliament for a second reading, with dissenting statements and caveats from a number of countries. In the event, only Spain had actually voted against: [[Austria]], Belgium and Italy abstained (which has the same effect as voting against, given the way [[Qualified Majority Voting]] works).

=== Second reading in Parliament ===
In June 2005, the legal affairs committee of the European Parliament discussed the directive and rejected plans for a complete overhaul of the directive.<ref>{{Cite web|url=http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//TEXT+PRESS+NR-20050621-1+0+DOC+XML+V0//EN&language=EN|title=Europarl News Report (21-06-2005): Latest on computerised inventions}}</ref> The vote by the committee took place on 21 June 2005, and narrowly decided not to substantially amend the Council version of the directive. According to the ''[[Financial Times]]'', this "vote marks a turning point in the protracted battle over the law, which has split the software industry and sparked severe recriminations."<ref>Tobias Buck, [http://news.ft.com/cms/s/329cb864-e1bb-11d9-9460-00000e2511c8.html "IT groups win EU ruling on patents"], ''Financial Times''.</ref>

{{wikinews|European Parliament rejects computer-implemented inventions directive}}
On 5 July 2005, the committee's report passed to a plenary session of Parliament for debate by all MEPs. On 6 July 2005, Parliament rejected the proposal by a very large majority (648 in favour of rejection, 14 against and 18 registered abstentions out of 729 total MEPS) without considering any of the other 175 proposed amendments. Under the [[codecision procedure]], the legislative process ended with this rejection and the proposed directive did not become law in any form. This was the first and {{As of|2005|lc=on}} the only time a directive was ever rejected by Parliament at second reading.<ref>[https://web.archive.org/web/20070319090620/http://www.forbes.com/home/feeds/afx/2005/07/06/afx2124971.html "EU parliament votes against software patents bill – EU commission"], ''Forbes.com''; [http://quote.bloomberg.com/apps/news?pid=10000006&sid=a.QckuA8V3H8&refer=home "European Parliament Rejects Law on Software Patents (Update1)"] {{Webarchive|url=https://web.archive.org/web/20050911034106/http://quote.bloomberg.com/apps/news?pid=10000006&sid=a.QckuA8V3H8&refer=home |date=11 September 2005 }}, ''Bloomberg.com''; Jan Sliva, [https://web.archive.org/web/20110513234124/http://www.businessweek.com/ap/financialnews/D8B5RKT80.htm?campaign_id=apn_tech_down "Europe Parliament nixes software patent law"], ''BusinessWeek Online''; [https://web.archive.org/web/20050911104835/http://today.reuters.co.uk/news/newsArticle.aspx?type=internetNews&storyID=2005-07-06T185910Z_01_KNE576495_RTRIDST_0_OUKIN-TECH-EU-PATENTING.XML "EU assembly throws out bill to harmonise patents"], ''Reuters''; "[[n:European Parliament rejects software patents|European Parliament rejects software patents]]", ''WikiNews''.</ref>

The vote was the result of a compromise between the different parties: those in favour of software patents feared a text that would heavily limit its scope, while those against rejected the whole principle. Heavy defeat was the "least worst option" to both sides. In addition, some saw the defeat as an expression of Parliament's indignation about the handling of the proposal by the [[Council of the European Union]] and the European Commission as well as its concerns about the content of the proposal itself.

=== Consequences of the rejection ===
Parliament's decision to strike down the final draft has the effect that national laws will not be harmonised. National legislatures may continue to enact laws allowing patents on computer-implemented inventions, should they wish to do so, and national courts may enforce such laws. The [[European Patent Organisation|European Patent Office]], which is not legally bound by any EU directive but generally adapts its regulations to new EU law, has no reason or incentive to adapt its practice of granting patents on computer-implemented inventions under certain conditions, according to its interpretation of the [[European Patent Convention]] and its Implementing Regulations.

== Reactions ==
=== Supporters ===
Supporters of the proposed directive included [[Microsoft]], [[IBM]], [[Hewlett-Packard]] and the European Patent Office.

The [[European Information and Communication Technology Association]] (EICTA) stated that the directive "is extremely important for the future of innovation in Europe as it concerns two-thirds of all inventions in the European hi-tech industry".<ref>{{Cite web|url=http://www.theguardian.com/business/2004/nov/15/europeanunion|title=Europe patent row 'threatens jobs and invention'|date=15 November 2004|website=The Guardian}}</ref> This position was characterised by opponents of software patents as "dominated by patent lawyers from the patent arms of large corporate members",<ref>{{Cite web|url=http://swpat.ffii.org/players/eicta/index.en.html|title=EICTA and Software Patents<!-- Bot generated title -->|access-date=25 November 2004|archive-date=9 December 2004|archive-url=https://web.archive.org/web/20041209092708/http://swpat.ffii.org/players/eicta/index.en.html|url-status=dead}}</ref> "most of which qualifying as non-European companies"<ref>{{Cite web|url=http://wiki.ael.be/index.php/AgoriaRepresentativity|title=AEL (Association Electronique Libre) WikiWiki – Agoria Representativity|date=22 February 2006|archive-url=https://web.archive.org/web/20060222105108/http://wiki.ael.be/index.php/AgoriaRepresentativity |archive-date=22 February 2006 }}</ref> and "with a patent policy (...) tailored to the special interests of a few large corporations (...)".<ref>{{Cite web|url=http://www.nosoftwarepatents.com/en/m/politics/organizations.html|title=No Software Patents!<!-- Bot generated title -->|access-date=25 November 2004|archive-date=13 March 2005|archive-url=https://web.archive.org/web/20050313215550/http://www.nosoftwarepatents.com/en/m/politics/organizations.html|url-status=dead}}</ref> After the heavily modified draft directive was finally rejected, EICTA's Director General said, "This is a wise decision that has helped industry to avoid legislation that could have narrowed the scope of patent legislation in Europe. ... Parliament has today voted for the status quo, which preserves the current system that has served well the interests of our 10,000 member companies, both large and small."<ref>{{Cite web|url=https://www.pinsentmasons.com/out-law/news/patents-directive-killed-by-european-parliament|title=Patents Directive killed by European Parliament|website=Pinsent Masons|date=9 November 2024 }}</ref>

=== Opponents ===
The proposal provoked public disagreement by diverse opponents of [[software patent]]s, who argued that software patents were neither economically desirable nor mandated by [[TRIPS|international law]]. The [[Foundation for a Free Information Infrastructure|FFII]] and the [[EuroLinux]] Alliance played key roles in co-ordinating this campaign, which drew support from some [[free software]] and [[Open-source software|open source]] programmers, some academics, some small business groups, and some [[proprietary software]] developers. Many of these organisations expressed concern over what they saw as abuses of the software patent system in the US, and argued that although some software patents might be beneficial, the net effect of the commission's proposals would be to suppress innovation and dampen legitimate competition. The opponent's campaign in its turn was characterised by supporters of the directive as "a small but highly organised and vocal lobby",<ref>{{Cite web|url=https://www.pinsentmasons.com/out-law/news/software-patents-in-europe-debunking-the-myths|title=Software patents in Europe: debunking the myths|website=Pinsent Masons|date=9 November 2024 }}</ref><ref>{{Cite web|url=https://www.pinsentmasons.com/out-law/news/software-patents-in-europe-response-to-an-attorney|title=Software patents in Europe: response to an attorney|website=Pinsent Masons|date=9 November 2024 }}</ref> with EICTA stating that "Those who depict the draft directive on the patentability of computer-implemented inventions as some sort of 'software patent law' are at best misinformed and at worst dishonest, malicious and disrespectful of the European democratic process".<ref>[http://www.out-law.com/page-5051 Support for Europe's software patent Directive], OUT-LAW News, 09/11/2004</ref>

Figures who have supported the campaign against software patents in Europe include [[Tim Berners-Lee]], developer of the [[World Wide Web]]; [[Florian Müller (author)|Florian Müller]], a [[free software]] [[lobbyist]]; the Computer & Communications Industry Association, a not for profit international tech trade association, and [[Linus Torvalds]], creator of the [[Linux]] kernel. Politicians opposed to the directive included [[Michel Rocard]].{{citation needed|date=July 2020}}

==Aftermath==
{{main|Software patents under the European Patent Convention}}
As the directive was rejected, pre-existing law has remained in place, and computer-implemented inventions are currently governed by Article 52 of [[European Patent Convention]]. Article 52 prohibits certain patents, including patents on ''programs for computers'', but only ''as such''. It is often interpreted by [[European Patent Office]] as well as by courts in EU countries, that invention should have ''technical character''. For example, while a mathematical method is not patentable, the application of such method to electrical filter design would not usually be excluded from patentability by Article 52(2) and (3).

Final interpretation of the law in this area thus continues to be the responsibility of national courts, following national case-law (except when a European patent application is refused or when a European patent is revoked in opposition proceedings before the EPO, in which case the EPO has the final say regarding the interpretation of the EPC).

== See also ==
* [[Community patent]]
* [[Convention on the Unification of Certain Points of Substantive Law on Patents for Invention]] (Strasbourg Convention of 1963)
* [[Directive on the enforcement of intellectual property rights]]
* [[Directive on the patentability of biotechnological inventions]]
* [[Institutions of the European Union]]
* [[Software patent]]
* [[Software patents under the European Patent Convention]]
* [[Software patents under TRIPs Agreement]]

== References ==
{{reflist}}

=== Books ===
* [[Florian Müller (author)|Müller, Florian]] (2006), ''[http://crashrecovery.org/NoLobbyistsAsSuch.pdf No Lobbyists As Such]'', memoir of Florian Müller's role in the controversy from 2004 to 2005.

=== Articles ===
* Buck, Tobias (20 June 2005) [http://news.ft.com/cms/s/329cb864-e1bb-11d9-9460-00000e2511c8.html ''IT groups win EU ruling on patents''], [[Financial Times]].
* [https://web.archive.org/web/20040814230136/http://www.theinquirer.net/?article=16984 ''Dutch Parliament causes EU software patents crisis''] 2 July 2004, [[The Inquirer]].
* [https://web.archive.org/web/20050911104835/http://today.reuters.co.uk/news/newsArticle.aspx?type=internetNews&storyID=2005-07-06T185910Z_01_KNE576495_RTRIDST_0_OUKIN-TECH-EU-PATENTING.XML ''EU assembly throws out bill to harmonise patents''] (6 July 2005), [[Reuters]].
* [http://news.bbc.co.uk/1/hi/technology/4325215.stm ''EU ministers endorse patent law''] (7 March 2005), [[BBC News]].
* [https://web.archive.org/web/20070319090620/http://www.forbes.com/home/feeds/afx/2005/07/06/afx2124971.html ''EU parliament votes against software patents bill – EU commission''] (6 July 2005), [[Forbes.com]].
* [http://ec.europa.eu/idabc/en/document/3378 ''EU software patents directive delayed''] (11 October 2004), iDABC eGovernment News.
* [[n:European Parliament rejects software patents|''European Parliament rejects computer-implemented inventions directive'']] (6 July 2005). [[WikiNews]].
* [https://web.archive.org/web/20050911034106/http://quote.bloomberg.com/apps/news?pid=10000006&sid=a.QckuA8V3H8&refer=home ''European Parliament rejects law on software patents (Update1)''] (6 July 2005), [[Bloomberg.com]].
* Guadamuz-Gonzalez, Andrés, [https://ssrn.com/abstract=886905 ''The Software Patent Debate''] 1(3) [[Journal of Intellectual Property Law & Practice]], 196–206 (2006).
* Musker, David, [http://jiplp.oxfordjournals.org/content/2/12/799.full.pdf "The Great Free Beer Debate"]{{dead link|date=January 2025|bot=medic}}{{cbignore|bot=medic}} [[Journal of Intellectual Property Law & Practice]], 2007, Vol. 2, No. 12, p799
* Sliva, Jan (6 July 2005) [https://web.archive.org/web/20110513234124/http://www.businessweek.com/ap/financialnews/D8B5RKT80.htm?campaign_id=apn_tech_down ''European Parliament nixes software patent law''], [[BusinessWeek Online]]
* [http://www.euractiv.com/Article?tcmuri=tcm:29-132419-16&type=News "Software patents law up in the air after Poland pull out"] (19 November 2004), EuroActiv.com.
* Mark H. Webbink, [http://www.law.duke.edu/journals/dltr/articles/2005dltr0012.html ''A new paradigm for intellectual property rights in software''] {{Webarchive|url=https://web.archive.org/web/20061217202152/http://www.law.duke.edu/journals/dltr/articles/2005dltr0012.html |date=17 December 2006 }}, a 2005 article discussing the directive as well as software/business method patents in general.

== External links ==
* [http://ec.europa.eu/internal_market/indprop/comp/index_en.htm European Commission's page on the Patentability of computer-implemented inventions]
* [http://www.patent.gov.uk/about/ippd/faq/softpat.htm FAQ about the directive] {{Webarchive|url=https://web.archive.org/web/20040804165228/http://www.patent.gov.uk/about/ippd/faq/softpat.htm |date=4 August 2004 }} and [http://www.patent.gov.uk/about/ippd/issues/cii.htm Summary of the issues] {{Webarchive|url=https://web.archive.org/web/20060106015524/http://www.patent.gov.uk/about/ippd/issues/cii.htm |date=6 January 2006 }}, on the [[United Kingdom Patent Office|UK Patent Office]] site
* [http://www.fsfeurope.org/projects/swpat/swpat.en.html Information on the directive in relation to free software] ([[FSFE]])
* [http://www.linuxformat.co.uk/modules.php?op=modload&name=News&file=article&sid=57&mode=thread&order=0&thold=0 Interview with Mark Webbink, Red Hat's deputy General Counsel] {{Webarchive|url=https://web.archive.org/web/20061011001012/http://linuxformat.co.uk/modules.php?op=modload&name=News&file=article&sid=57&mode=thread&order=0&thold=0 |date=11 October 2006 }}
* [http://www.linuxformat.co.uk/modules.php?op=modload&name=News&file=article&sid=56&mode=thread&order=0&thold=0 News story about defeat of CII directive, 6 July 2005] {{Webarchive|url=https://web.archive.org/web/20061011001047/http://linuxformat.co.uk/modules.php?op=modload&name=News&file=article&sid=56&mode=thread&order=0&thold=0 |date=11 October 2006 }}
* [https://web.archive.org/web/20140717092636/http://www.nosoftwarepatents.com/ nosoftwarepatents.com opposes software patents]
* [http://endsoftpatents.org/ End Software Patents opposes software patents]
* [http://newsbyte.blogspot.com/2005/07/software-patents-manifesto.html The EU and the software patent directive]
* [http://ciaran.compsoc.com/software-patents.html Software patents review, written a year after the rejection of the Directive] {{Webarchive|url=https://web.archive.org/web/20061005113414/http://ciaran.compsoc.com/software-patents.html |date=5 October 2006 }} by [[Ciarán O'Riordan]]
* [http://www.ftc.gov/os/2003/10/innovationrpt.pdf The Proper Balance of Competition and Patent Law and Policy (PDF)], (US [[Federal Trade Commission]])
* [https://web.archive.org/web/20080211192334/http://wiki.ael.be/index.php/TopReasonsWhyNoEpatents Top reasons why there should be no software patents] ([[Association Electronique Libre|AEL]])
* [http://ifso.ie/documents/ifso-2005-11-18.html Transcript of a 18 November 2005 talk by Richard Stallman on this directive]

=== Studies and working papers ===
* [ftp://ftp.cordis.lu/pub/innovation-policy/studies/studies_enforcing_firms_patent_rights.pdf Enforcing small firms' patent rights (PDF)]{{dead link|date=May 2025|bot=medic}}{{cbignore|bot=medic}} A study funded by the European Commission, Enterprise Directorate-General
* [http://www.europarl.europa.eu/meetdocs/committees/juri/20020619/SoftwarePatent.pub.pdf The patentability of computer programmes: Discussion of European-level legislation in the field of patents for software (PDF)], working paper of the European Parliament's Directorate-General for Research
* [http://en.swpat.org/wiki/studies List of studies about software patents]

{{DEFAULTSORT:Proposed Directive on the Patentability of Computer-Implemented Inventions}}
[[Category:Software patent law|Directive on the patentability of computer-implemented inventions]]
[[Category:Patent law of the European Union]]
[[Category:Proposed laws]]
[[Category:Draft European Union laws|Patentability of computer-implemented inventions]]
[[Category:Lists of proposals]]