WRITTEN QUESTION E-3034/03 by Marianne Thyssen (PPE-DE) to the Commission. Term of patents for computer-implemented inventions.
Date: 2003-10-17
Institutions: European Parliament, Provisional data
Subjects: competition, diffusion of innovations, innovation, patent, patent law, software

13.3.2004

EN

Official Journal of the European Union

C 65 E/261

The first priority under the programme (‘Initiatives to promote the economy and employment’), for
example, accounts for more than 50 % of total expenditure, which should enable the region’s restructuring
problems to be addressed. However, in line with the principle of subsidiarity, the managing authority for
the programme (in this case the Ministry of the Flemish Community) has sole responsibility for selecting
those projects which it wishes to approve, taking account of the purpose of the measures and budget
availability.

It should also be pointed out that the region is also eligible for part of the ESF funding granted under the
Objective 3 programme for the Flemish Region. This programme includes measures for the reintegration
and training of those seeking employment and training for those already in work. The ESF contribution for
this is EUR 376,2 million out of a total budget of EUR 894 million over the period 2000-2006.

As regards the possibility of releasing additional Community financial resources, there is a performance
reserve of 4 % of the commitment appropriations provided for in each national allocation. The reserve is
assigned to programmes on the basis of an assessment of their performance in terms of their impact on
the ground using indicators reflecting effectiveness, management and financial implementation.

(2004/C 65 E/275)

WRITTEN QUESTION E-3034/03

by Marianne Thyssen (PPE-DE) to the Commission

Subject: Term of patents for computer-implemented inventions

(17 October 2003)

At the sitting of 24 September 2003 Parliament voted at first reading on the proposal for a directive on
the patentability of computer-implemented inventions.

Pursuant to Article 8(b) of the proposal, as amended by Parliament, the Commission is required to submit
to Parliament and the Council a report on the issue of whether the rules governing the term of patents and
the determination of patentability requirements, and more specifically novelty,
inventive step and the
proper scope of claims, are adequate.

Can the Commission state whether it regards the standard patent term (20 years) as suitable for software-
related inventions? Does the Commission not regard a shorter period as desirable for this kind of high-
technology invention? Does the Commission not
foster
competition on the European market in software-related inventions?

take the view that such a decision might

Answer given by Mr Bolkestein on behalf of the Commission

(18 November 2003)

It is a long-standing feature of patent law that the term of protection is the same for all inventions, in all
fields of technology. This principle has been enshrined as a firm legal obligation at the international level
in the Trade Related Intellectual Property Rights (TRIPS) Agreement. The only deviation from this rule
currently practised is to allow for an increased term of protection for certain products which are subject to
lengthy regulatory approval procedures and which would therefore be subject, in the absence of such a
provision, to a relatively short period of effective protection in the marketplace.

Nevertheless, the Commission is aware of arguments to the effect that the standard term of protection of
20 years is not appropriate for all fields of technology, and for this reason has agreed, in its response to
the amendments made at first reading to the proposal, to examine the question. This examination would
naturally take account of the need to encourage innovation and competition.
It must, however, be
appreciated that there would be considerable legal and technical challenges involved in making any change

C 65 E/262

Official Journal of the European Union

EN

13.3.2004

in sufficiently precise and
in this area, not the least of which is the practical difficulty in defining,
watertight legal terms, the boundaries of the subject-matter to which different terms of protection might
be applied. Moreover, even if it should be concluded that it is desirable and feasible to make such a
change, for the reasons mentioned above, this would need to be pursued as a policy objective through
international negotiations.

(2004/C 65 E/276)

WRITTEN QUESTION E-3040/03

by Jo Leinen (PSE) to the Commission

(17 October 2003)

Subject: Application of Directive 2000/35/EC (deadlines for payment) to payments in connection with

projects covered by the European Development Fund

Is it true that Directive 2000/35/EC (1), which was to be transposed by the Member States into national law
by 8 August 2002 and laid down a 30-day deadline for the payment of invoices, also applies to payment
transactions between EU authorities (such as the European Development Fund) and their contractual
partners?

In response to an inquiry, a member of the EDF administrative staff told us in March 2003 that she was
unaware of the Directive and that the EDF continued to apply a 90-day deadline to the settlement of its
accounts. What will the European Commission now do in order to avoid giving the impression that the
Union issues generally binding rules which their own bodies feel do not apply to them?

(1) OJ L 200, 8.8.2000, p. 35.

Answer given by Mr Liikanen on behalf of the Commission

(20 November 2003)

Directive 2000/35/EC of the Parliament and of the Council of 29 June 2000 on combating late payment
in commercial transactions, does not harmonise the payment period at 30 days. The contracting parties
may define the payment period as they wish. Article 3(1) of the Directive stipulates that interest shall
become payable from the day following the date or the end of the period for payment fixed in the
contract. If the date or period for payment is not fixed in the contract, interest automatically becomes
payable 30 days following the date of receipt of the invoice or the date of receipt of the goods or services.

The Directive regulates all commercial transactions,
including those between undertakings and public
authorities, the latter as defined by the Public Procurement Directives (1) 92/50/EEC, 93/36/EEC, 93/37/EEC
and 93/38/EEC. The Commission has undertaken to apply the terms of Directive 2000/35/EC (2) to its own
contracting procedures, following the provisions set down in the Implementing Rules of the Financial
Regulation applicable to the general budget of the European Community (3).

Article 106 of the Implementing Rules states that sums due shall be paid within no more than 45 calendar
days from the date on which an admissible payment request is registered by the authorised department of
the authorising officer responsible. The payment period shall be 30 calendar days for payments relating to
service or supply contracts, save where the contract provides otherwise.

However, the Implementing Rules apply only to the general budget. The European Development Fund
(EDF) is not included in the budget but organised and financed on an inter-governmental basis. It has its
own specific Financial Regulation adopted on 27 March 2003 and applicable to the 9th European
Development Fund (4). The EDF Financial Regulation has to respect the obligations of the Community
contained in the Partnership Agreement with the African, Caribbean and Pacific (ACP) States signed on
23 June 2000 in Cotonou (Benin) (5).