BRUSSELS - The Foundation for a Free Information Infrastructure (FFII) announced on Wednesday that a key report produced by a European Commission task force was written almost entirely by the patent industry and large firms, including SAP's patent lawyers, US firms, and the European Patent Office.
According to a press release by the Foundation, the report titled "(Intellectual Property Right) IPR for competitiveness and innovation" claims that studies prove that SMEs need patent protection, that SMEs benefit from patents, and that increased software patents in the US have not hampered innovation in the US ICT sector. These claims are forcibly contested by SME organizations, who point out that software patents punish the IT SME sector, while giving large firms a key grip on the market.
The report is particularly insulting to small IT firms, claiming that they “generally reveal an anxious attitude towards the patent system as a whole. Any reform or initiative is viewed as a potential backdoor for introducing software patents, a concept opposed by a large majority among this Group.” The report also accuses small IT firms of having “a relatively inadequate understanding and general knowledge of the patent system.”
The FFII, an observer at the task force, saw strong censorship during the drafting of the report. FFII President Pieter Hintjens said "the chairman, SAP, exploited their position to make sure that reform-oriented comments were excluded and debate was silenced. Overall the report reflects the opinion of a very small but controlling minority - and certainly no SMEs - while claiming to be representative."
Hintjens continued "I am astounded that the EPO, a patent administration body who blatantly lobby for the patent industry, can be allowed to participate in a so-called SME task force. It was a farce. This report is a mockery and an insult to all those who participated in good faith."
