The European Commission has presented a proposal for a Directive on the protection by patents of computer-implemented inventions. The proposal would not allow patents to be granted for computer programs as such or business methods. Article 6 expressly preserves the application of the provisions on decompilation and interoperability in Directive 91/250/EEC:

“Acts permitted under Directive 91/250/EEC on the legal protection of computer programs by copyright, in particular provisions thereof relating to decompilation and interoperability, or the provisions concerning semiconductor topographies or trade marks, shall not be affected through the protection granted by patents for inventions within the scope of this Directive.”

However, this article does not provide for a comprehensive solution for patents that block the creation and commercialization of interoperable products.

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