Michael Ahern (Cork East, Fianna Fail)
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My Department consulted a wide range of stakeholders on the proposed European Commission directive on computer implemented inventions when it was published in 2002. Broad support was expressed in the replies. ICT Ireland, which represents the information and communications technology sector, welcomed the measure when the European Council formally adopted its common position on the proposal in March 2005. It views the measure as providing valuable clarification of existing patent law and rights with regard to computer implemented inventions across the European Union.

The issue for the Commission in its proposal arises from the differing interpretations of the statutory provisions governing patenting of computer implemented inventions involving software. At the moment, it is possible to patent a particular computer implemented invention in one member state and not in another. Many thousands of such patents have already been granted within the EU. The proposed directive is aimed at ensuring a proper functioning internal market through providing greater consistency and certainty in this field.

It is important to note that the proposed directive would not extend the criteria for patentability and, in particular, that computer programmes as such would continue to be excluded from patentability. It would also provide that work, including decompiling and interoperability, allowed under the 1991 directive on the legal protection of computer programmes by copyright, will not be affected. Again its text makes it clear that treaty Articles 81 and 82 on competition rules, including abuse of a dominant position, will apply in this field.