1. Tony Howard Patents Directorate DTI – Intellect 19 November 2004 The CII Directive & other policy issues

2. Presentation overview CII Directive Current situation Why a Directive State of play and next steps Other developments

3. CIIs - the current situation European Patent Convention Exceptions to patentability –"programs for computers" “as such” Concept of "technical” Difference with US practice

4. Technical contribution (EPO view) A programmed machine or a process which runs in or by a machine is more than a computer program “as such” may or may not make a “technical contribution”

5. The Commission’s proposal Made following protracted consultation Conclusion: major change not justified

6. So why a directive? Eliminates divergences Increases legal certainty Prevents future extension of patentability –e.g. business methods

7. Opposition “Directive will introduce software patents” “The directive will harm software developers & SMEs” “Conspiracy between patent interests” “EPO is acting illegally” Confusion between US & European practice

8. Co-decision procedure Commission proposal Parliament - First reading Council - Common position Parliament - Second reading Council Conciliation

9. Parliamentary first reading 50 amendments adopted in Plenary Major change to effects of text Limits what is patentable Limits ability to enforce granted patents

10. Common Position Probable adoption December 2004 Many key elements of proposal restored Some compromises with Parliament text

11. Where next? Second reading Conciliation Action following adoption

12. Other developments Patents Act 2004 Enforcement Awareness & “What is the Key?”

13. www.patent.gov.uk www.intellectual-property.gov.uk Central Enquiry Unit: 08459 500 505 © Crown Copyright 2004