[pp.int.general] PP "amicus curiae brief" about sofwtare patents to EPO

[Reinier Bakels]

I heard that some of you are aware that there is (until 30/4!) an opportunity to file "third party statements" to the Enlarged Board of Appeal of the European Patent Organisation in the context of a "referral" by the EPO president of a number of questions on the limits of software patentability.

I am aware of several people working on such a "third party statements", aka under the (American) designation "Amicus Curiae Brief" (literally: friend of the court).

Afaik, most people concentrate on the legal and/or economic (business) aspects of software patents. Wouldn't it be appropriate of the PP addresses the political aspect - which is imho that the European Parliament in 2005 rejected a proposal for a software patents directive. While - strictly speaking - the rejection itself could only be construed in the sense that the particular proposed regulation was not approved, there is no doubt that in 2002 a decision has been made by the European Commission and the European Council that the *legislator* should decide on software patentability limits!

It is like an escalation. If you (formally) escalate a decision in an organisation, there is no way back: if e.g. the decision is made that one is not satisfied with a decision of a manager, and a manager higher in the organisational hierarchy is invoked, there is no way to return to the manager that made the decision in the first place. A basic rule of organisational hygiene.

I think it is a wonderful argument for PP as a poliotical organisation striving for EP membership:

"Is this something a court can decide, or is legislator involvement required?" That question has already been answered by the European Commission!
  
(Insiders will explain that a purpose of the directive was (also) to create jurisdiction of the European Court of Justice, effectively enabling harmonisation enforcement - but such a detail is irrelevant for political purposes).

Note that the EPO accepts submissions in all three official EPO languages, so if you are better in German or French, go ahead! I gather that several PP supporters (at least in Sweden among the Ung Pirat) are political scientists (unlike myself), so you may have even better arguments why courts can not obviate political decison making!

reinier
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