Bonum Certa Men Certa

FFII and End Software Patents (ESP) Respond to Enlarged Board of Appeal (EBoA) Regarding Software Patentability

Anti software patents
India too is fighting against software patents



Summary: Responses to a referral which was intended to help determine whether or not software algorithms should be patentable in Europe

THE output of the Enlarged Board of Appeal (EBoA) was covered here 3 times last week [1, 2, 3], but we have found no formal statement from the FFII, until now (full press release appended at the bottom):

Brimelow Referral on software patents dismissed: 'time for the legislator to take over'



Munich, 13 May 2010 -- The highest appeal chamber of the European Patent Office, the Enlarged Board of Appeal (EBoA), has decided on patents for computer programs. The questions on point of law from President Brimelow were decided to be "inadmissible" under Article 112(1)(b) EPC. It chided the President for bothering the board with her questions. For such requests Alison Brimelow was recommended to ask her legal staff.


The FSF-funded End Software Patents (ESP) initiative calls it a "good result":

An unexpected, good result: after more than a year and a half of review (referral G3/08), the EPO’s Enlarged Board of Appeal has declared that the four questions posed were all inadmissible. The patent office is thus does not have the power to decide for itself whether or not software should be patentable.


Here is IDG's coverage (not IDG in Europe) and the post which Groklaw chose as its reference analysis:

If you believe that no news is good news, then 3/08 is wonderful news because the 61-page decision found the referral inadmissible and, therefore, declined to reach the merits. It's an interesting (if non-committal) read, and some of the questions raised are fascinating. Consider the following: "Must a claimed feature cause a technical effect on a physical entity in the real world in order to contribute to the technical character of the claim?" Great question--but the EPO Enlarged Court of Appeal declined to consider this one and all of the others.


The decision in Europe is very important because it represents an attempt to expand software patents beyond the United States (and Japan, among perhaps a few more countries). It's an attempt to change the tide in the same way that the DMCA broke loose after heavy lobbying from Hollywood. Europe is a key checkpoint to them, but it's a tough nut to crack because Europe cannot be blackmailed, unlike poorer regions.

The following video from Taiwan (May 2005) shows Richard Stallman theorising that Microsoft is trying to pass software patents in other countries before litigiously attacking Linux in order not to reduce the chances of legalising software patents (Germany has just approved the FAT patent from Microsoft and it affects the EU-based TomTom).

[an error occurred while processing this directive]



Here is the audio version of this talk.



Skip to 1(hr):25(min) to hear Stallman talk about Microsoft and software patents. As mentioned earlier today, Stallman also notes that Microsoft is a criminal company that was convicted 3 times and should therefore not be supported by governments. All in all, this is a very good delivery without interruptions or awkward pauses. It is calm and well focused.




Brimelow Referral on software patents dismissed: "time for the legislator to take over"



Munich, 13 May 2010 -- The highest appeal chamber of the European Patent Office, the Enlarged Board of Appeal (EBoA), has decided on patents for computer programs. The questions on point of law from President Brimelow were decided to be "inadmissible" under Article 112(1)(b) EPC. It chided the President for bothering the board with her questions. For such requests Alison Brimelow was recommended to ask her legal staff.

The EBoA also looked into the substance but felt not competent to define a key term as "technical". The board prefers a legislator to decide patentability of computer programs: "…a presidential referral is not admissible merely because the European Parliament and Council have failed to adopt a directive on CII patenting …When judiciary-driven legal development meets its limits, it is time for the legislator to take over".

FFII welcomes the spirit of the decision. "The European Parliament should now ask for a new directive for harmonization. Five years ago the European Commission and leading members of the European Parliament suggested that", explains FFII president Benjamin Henrion.

"The referral was overshadowed by institutional politics", adds André Rebentisch, the FFII general secretary. "The Board had to reject it for formality reasons, as recommended by Prof. Joseph Straus. Still I found the initiative of Alison Brimelow very fruitful. She restarted a technical debate over patenting rules for computer programs. The amount, diversity and quality of the third party statements, together with the length of the final decision are telling. We ought to continue a broad and open exchange of views."



Links

Opinion of the Enlarged Board of Appeal and press release by the EPO:
http://www.epo.org/topics/news/2010/20100512.html

FFII Page about the Referral on the question of software patents (G03/08):
http://www.ffii.org/EPOReferral

Third party statements on G03/08 (Amicus Curiae Briefs):
http://www.epo.org/patents/appeals/eba-decisions/pending/briefs.html

Hartmut Pilch comments for the EUPAT WG:


http://eupat.ffii.org/10/05/eba/

Permanent link to this press release:
https://press.ffii.org/Press%20releases/Brimelow_Referral_dismissed

Contact

Benjamin Henrion
FFII Brussels
+32-484-56 61 09 (mobile)


bhenrion at ffii.org
(French/English)

About FFII

The FFII is a not-for-profit association registered in twenty European countries, dedicated to the development of information goods for the public benefit, based on copyright, free competition, open standards. More than 1000 members, 3,500 companies and 100,000 supporters have entrusted the FFII to act as their voice in public policy questions concerning exclusion rights (intellectual property) in data processing.



Recent Techrights' Posts

Even Microsoft (MSN) Covers Richard Stallman's Public Talk in Milan 2 Days Ago
He spoke in Spanish earlier this month (Alicante)
 
United States Courts With Sworn Testimonies Are on Our Side, We'll Present the Same Here
Chronicling what happened is a moral imperative
People's Understanding of the History of GNU/Linux is Changing
RMS is not a radical, he's just clever enough to see and foresee what's going on
Serial Sloppers Ruin and Lessen the Incentive to Cover "Linux"
The Serial Sloppers (SSs) ought to be named and shamed, but almost nobody does this
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, May 28, 2025
IRC logs for Wednesday, May 28, 2025
Links 28/05/2025: 'Emulation Layers' (Measurements and Linguistics), Libraries, and Discomfort
Links for the day
Links 28/05/2025: More Arrests for Bitcoin-Connected Torture and Prosecutions for Dieselgate-Linked Executives
Links for the day
Gemini Links 28/05/2025: Techo-authoritarianism With Slop Plagiarism and "No Online June" (Going Offline)
Links for the day
Links 28/05/2025: GitHub MCP Exploited and MathWorks Discovers Huge Windows TCO
Links for the day
Microsofters Were Scheming to Take Over This Entire Web Site (in Their Own Words!)
Money gets spent censoring/deplatforming people who speak about real issues; no money gets spent actually tackling those underlying issues
Very High Attendance Level at Richard Stallman's Talk Shows People Can Relate to His Message
Smear campaigns have their limits
Gemini Links 28/05/2025: Celsius-Fahrenheit, Endless Scrolling/Infinite Scrolling, and Trapping LLM Slop Bots
Links for the day
Bicycles for the Minds and the Story Harrison Bergeron
"The goal of having people in charge of the tools they use and that the tools should amplify ability" has long been abandoned
Prison gate backdrop to baptism by Fr Sean O'Connell, St Paul's, Coburg
Reprinted with permission from Daniel Pocock
More Photos From This Week's Milan Talk by Richard Stallman
The posts are in Italian, not English
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, May 27, 2025
IRC logs for Tuesday, May 27, 2025
Links 27/05/2025: Science Defunded, India Arrests an Academic
Links for the day
Gemini Links 27/05/2025: From Celsius to Fahrenheit and Deleting Social Control Media
Links for the day
Microsofters Have, in Effect, Attempted Extrajudicial Action Against Us
Courts and Judges (or Masters) don't exist to facilitate this kind of "bro" culture
UK High Court Masters Are Not Your Jesters, Microsoft
Judges aren't there for "funny" spectacles, they're there to act as arbiters in critical cases, not SLAPPs
Links 27/05/2025: Mass Layoffs at Volvo and More Evidence of 'AI' (Slop) Being a Passing Fad
Links for the day
The Code of Conduct (CoC) Gaslighting Phenomenon
There are still many people and projects foolish enough to outsource their labour to Microsoft via GitHub
They're Very Jealous of Richard Stallman and His Freedom (or Simple Lifestyle)
Jealousy is toxic because it can cause rational people to act irrationally and even severely harm themselves
Akira Urushibata on GNU coreutils
new message
Anouk Rozestraten (Deputy Director) Appears to Have Left the Free Software Foundation
Let's hope Rozestraten is still using and promoting Free software
There's Nothing Funny About Lawbreaking
There's plenty of room in society for humour, but "hacking" the state by breaking laws isn't cool or hip
More Mass Layoffs Coming Soon to Microsoft, Just a Question of When and How Many
Numbers from Washington were close to 5% and judging by prior rumours, it would be 5% + 5% (total 10%) at a later month
Links 27/05/2025: Bikes, Ideal Computers, and BYO
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, May 26, 2025
IRC logs for Monday, May 26, 2025
Richard Stallman's Milan Talk (Public Presentation) Was Packed, Video Available Soon
Looks like they even ran out of seats