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[eric stasik]

Belgian minister Marc Verwilghen announed to the his  parliament on Tuesday, that the "competitiveness council will not vote on this project before 2005."

This places the Directive from the EU Parliament and Council in political limbo. Since the accession of 10 new members to the EU in May, the original Directive proposed by the Council may no longer have the majority votes in an expanded Council.

It should be recognized that this delay does not mean that there will be no software patents in Europe. Quite the contrary. While the EU is desperate to exercise its influence over national patent law, without any directive, the EPC will remain the basis for patent law in the EPC contracting states.

Currently, under the EPO Boards of Appeals Decisions, patents on computer implemented inventions are being granted by the EPO. Without interference from the EU, the situation will remain unchanged in those EU countries which are members of the EPC.

Unfortunately, without the Directive some much needed legislative clarification on this issue will remain lacking.

http://news.zdnet.com/2100-3513_22-5483129.html