World Day Against Software Patents - 24 September
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Three years ago the European Parliament stopped the attempt to make software patents enforcable in Europe. An unprecedented community effort made it possible with a relative low awareness about the dangers among larger software companies. Since then litigation and patent traps have become a serious problem for the market and users of software. We need to reduce patent risks which impede innovation and investment.
On a worldwide scale Patent Offices continue to grant these rights and
did not adapt their practice. They are facing a patent crisis caused by
lowering standards and fail to cope with their examination backlog. In
a patent office the main creativity shown is directed towards
interpretation of their own legal base. Even without political support
the patent community expands what can be made patentable through
practice and case law. Though they face a groundswell of interest in
stopping software patents their typical excuse is: "We don't grant
software patents, we don't really know what software patents are." or
"Why exclude software?" or "We just execute the law.". Additionally
they lobby the legislator. It is upon democratic forces to bring
bureaucracies back under control which live well off with their
software patent regimes. It is indispensible that the software
community remains organised and responsive.
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