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Even though the European Parliament voted against the software patents in Europe in 2005, new measures that could make software patents enforceable are still being discussed with the US counterparts or within the framework of the Community Patent.

The Foundation for a Free Information Infrastructure (FFII) reports that a bilateral patent treaty could be agreed and signed with the United States by the end of the year. The treaty could contain provisions on software patents that will make them legal in both states.

Benjamin Henrion, a Brussels based patent policy specialist, explained for FFII: "Talks in the Transatlantic Economic Council (TEC) are the current push for software patents. The US want to eliminate the higher standards of

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According to The Times, a patent application has been filed by Microsoft for a computer software that can monitor the employees' performance and state, by means of wireless sensors linking workers to their computers.

The system, considered by Microsoft a "unique monitoring system", is capable of measuring employees' movements, heart rate, blood pressure, brain signals, body temperature or face expression and can even "automatically detect frustration or stress in the user" and "offer and provide assistance accordingly". This can lead to the creation of psychological profiles and the Unions fear that employees could be dismissed on the basis of such profiles.

The Information Commissioner, privacy advocates and civil liberties groups

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A new communication was published on 3 April 2007 by the European Commission (EC) on enhancing the patent system in Europe, suggesting new ways of creating a Community patent.

The communication supports a compromise between the European Patent Litigation Agreement supported by the European Patent Office and the Commission's Community Patent, with its own courts system. The new integrated EU-wide jurisdictional system for patents combing the two elements is aimed to revitalise the debate on a patent system in Europe, in a way which encourages Member States to work towards consensus and real progress on this issue.

"Recent discussions with Member States show polarised positions on patent

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The Legal Service which advises the European Parliament (EP) on legal issues and acts as its representative in court, found the Patent Litigation Agreement (EPLA) as illegal being in direct contradictions with the European law and several EU treaties.

The very controversial EPLA, if adopted, would bind the signatory states to a common legal system for patent disputes, including procedural rules and a European Patent Court that would supersede national courts.

The critics of the proposal have expressed concern that such a system would make the patent awarding more expensive and less accountable.

In October 2006, MEPs voted to postpone any decision on approving EPLA, and

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We know that for over two decades, the global patent industry has been trying - discretely, and sometimes less discretely - to get software patents legalised. When Brian Kahin wrote about the US software patent issue in 1990, the US had already allowed software patents for almost a decade.

Today, in Europe, we still have the uncertain status where the EPO grants software patents and national high courts mostly reject them. The Commission has been promoting a new scheme, called EPLA, which is driven by the hunger of the global patent industry and its frustration with Europe's failure to follow the American lead.

A key to understanding EPLA is to see that the global patent industry

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The European Patent Litigation Agreement (EPLA) will be the subject of a motion for a resolution in the European Parliament, after a compromise was made and filed by the three big groups of MEPs (EPP-ED, PES and ALDE).

The three groups drafted a motion that " urges the Commission to explore all possible ways of improving the patent and patent litigation systems in the EU, including participation in further discussions on the EPLA and acceding to the Munich Convention as well as revising the Community Patent proposals; as regards the EPLA, considers that the proposed text needs significant improvements and a satisfactory proposal for the Rules of Procedure of the EPLA Court".

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The software patents issue will be back, once again, for discussion, with the European Patent Litigation Agreement (EPLA) proposal which calls for the harmonization of patent laws in EU states. EPLA could to be voted on 11 October 2006 in the European Parliament.

Last year, the Parliament voted against the proposed directive on Computer Implemented Inventions which would have legitimized software patents in Europe. The new EPLA proposal would mean an integrated judicial system and appeals process for patents.

The supporters of the EPLA consider it will help SMEs to better use the patent system and believe it will not open the door to software patent litigation.

Three parliamentary groups, PES (European Socialists), Greens/EFA and

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During the EU patent policy hearing on 12 July, the Foundation for a Free Information Infrastructure (FFII) criticised The European Patent Office (EPO) and the proposed European Patent Litigation Agreement (EPLA) which would put the new centralised European Patent Court under EPO control.

FFII considers that EPLA would first of all make any litigation 2-3 times more expensive (according to EPO itself) bringing an additional burden to SMEs when enforcing a patent as well as in situations when they must defend themselves against a patent infringement accusation.

The EPLA would give EPO even more power than it already has. The same people who are now running the EPO will be in charge of choosing judges for the new