SOMETHING rogue is going on in France and this time it's not Barnier, whose lobbying for a software patents loophole we wrote in many older posts over the past year. "France to launch a national patent troll," claims the president of the FFII (who is Belgian and fluent in French). While his claim links to 3 pages in French, his Slashdot description summarises everything as follows:
[zoobab:] "France is creating a state sponsored patent fund, FranceBrevets, which primary focus will be to sponsor, acquire and license patents in the ICT (read software patents) sector. The patent fund is at the initiative of the minister of Research, Valérie Pécresse, the Ministry of Industry, Energy and digital economy, Eric Besson. The primary target of the fund is to collect licenses on those patents, which is already seen in France as the biggest patent troll of the country. France is also supporting the European Unitary Patent, which is seen by many at the final attempt to validate software patents in Europe."
Not everyone is so thrilled by this focus, particularly the many opposed to software patents in principle. At least one group argues that we ought not to “legitimize” software patents with programs such as Peer to Patent, “to [which] the issue is the quality of patents, not software patents in general.” This debate may prove especially problematic in adapting the original US model to European states, like the UK. Article 52 of the European Patent Convention (EPC) excludes “programs for computers” as patentable subject matter. UK law on the subject is confusing, to say the least; recent jurisprudence seems to have established that computer programs making a “technical contribution” are patentable – though exactly what this entails is unclear.