The Community Patent Consultation

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Introduction

In January 2006, the European Commission started a consultation on a project that, if it goes according to current plans, will result in the legalization of software patents, which are known to be devastating to the software industry. The project is the Community Patent. While the essential idea, having EU-wide patents, is a good one, the current Commission proposal would transfer EU and member state legislative and judicial power to the European Patent Office, which would effectively legalize their hitherto illegal practice of granting software patents.

The Commission asks any interested party to fill-in a questionnaire with their views. The Foundation for a Free Information Infrastructure (FFII) questions the validity of the procedure, based on the serious lack of accessibility, which means that a majority of EU businesses are completely excluded from answering. However, we also recommend participation to those businesses that are able to do so, since this will demonstrate to what extent businesses are affected.

How to Answer

  • If you have time, start with the Introduction for help with and information about answering the consultation questionnaire.

  • If you are in a hurry, skip to the How to Answer section to get a step-by-step overview of how to answer. Remember to answer question 5 personally.

This consultation is open to all, and will be closed on 12 April 2006. The Commission services will publish a report on the outcome of this consultation. It will be available on the Internal Market and Services Directorate's General website.

Complaints

The FFII has raised concerns about the consultation procedure, notably its lack of transparency and accessibility. If you have found the consultation hard to understand and answer, and feel that the Commission has not provided sufficient information in your language, read Complaint Procedure for help with sending in a formal complaint about the consultation.

Donations

If you produce or use software, as an individual or an organisation you are affected by software patents. The FFII needs your donations in order to produce high-quality positions such as this site. The value of the information contained in this site is very high. Please help us continue this work - donate today.

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