FITUG e.V. Förderverein Informationstechnik und Gesellschaft

FICPI on Business Methods Patents

http://www.ficpi.org/ficpi/newsletters/45/resolengl.html

RESOLUTION F: BUSINESS METHODS

FICPI, the International Federation of Intellectual Property Attorneys, broadly representative of the free profession of more than 70 countries, assembled at its World Congress held in Vancouver from June 12 to June 16, 2000, passed the following Resolution :

Taking note

a.of the proposal for removal of the exclusion from patentability of inventions relating to computer programmes as such from the list of exclusions in Article 52(2) of the EPC in connection with the upcoming revision of the Convention, and

b.the development of law and practice in the United States with respect to patenting of innovations relating to electronic commerce,

Having considered

a.the significant differences between the approach taken within the existing framework of the US Patent System and maintenance of the exclusion of business methods from patenting in patent legislation in Europe and the risk of distortion of global trade that may be caused by such differences,

b.the development of patenting practice in Europe and Japan leading to grant of patents on computer or on software operated business methods, and

c.the US approach including the business method patent initiative action plan published by the USPTO,

Resolves that to secure adequate IP protection to commercially highly valuable innovations in information technology as applied in any sector of business, including financial and E-commerce sectors, there is an urgent need to harmonize conditions for patent protection in this field, and

Urges relevant authorities at the global, regional and national levels, including WIPO, WTO, the Commission of the European Communities, the Administrative Council of the European Patent Organization, USPTO and JPO to undertake efforts to promote such harmonization.

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