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During the EU lobbying, representatives of small and medium enterprises were against software patents.
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During the lobbying around the [[EU software patents directive]], representatives of small and medium enterprises ('''SMEs''') were against [[software patents]].
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==Reasons==
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The main problems are:
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* SMEs can't afford to do [[Cost of patent searches to avoid infringement|patent searches to avoid patent risk]].
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* SMEs can't afford to [[Costs are astronomically disproportionate for SMEs and individuals|defend themselves against patent litigation]], even if they're sure the patent is invalid.  They can't even [[Insurance against patent litigation doesn't work|get insurance]] against the risk of unintentional patent infringement (insurance companies know when a risk is too big to take on).
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* SMEs are [[Blocks competing software, reducing choice|blocked from entering certain markets]]
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There are other problems.  Sometimes these other problems are very real, but sometimes they're used by pro-software-patent campaigns in strange ways to distract politicians away from the main problems.  Focussing on these should be don with caution:
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* SMEs can't afford to get patents. (See: [[Cost of getting patents and maintaining them]])
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* The cost of enforcing their own patents might exceed the size of revenue they would be trying to protect.
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* The patent [[Incompatible timespans|grant process is too slow]].  SMEs have to get to profitability quickly to survive.
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==How important are SMEs?==
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* According to European Business Summit, they provide 99% of European jobs!<ref>{{cite web|url=http://eureporter.co.uk/story/smes-engines-recovery|title=SMEs Engines for Recovery?|quote=providing an appropriate balance for a discussion of a sector that provides 99% of all of Europe’s jobs.}}</ref> (This sounds too high - other sources say 75%)
  
 
==Statements==
 
==Statements==
CEAPME is a union representing 500,000 SMEs:
 
* http://swpat.ffii.org/papers/eubsa-swpat0202/ceapme0309/ceapme-pr0309.en.pdf
 
  
UEAPME is a union representing 11 million SMEs:
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* [[Statements from CEA-PME]]
* http://wiki.ffii.org/Ueapme050427En
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* [[Statements from UEAPME]]
* http://ueapme.com/docs/press_releases/pr_2005/050621_Computer_Patent.pdf
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* [[Statements from venture capitalists]]
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==Studies==
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* [[Rethinking the European ICT agenda]] "''...most small enterprises are strongly opposed.''"
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* [[Innovation in Germany, Windows of opportunity]] "''...SMEs are crucial providers of pathbreaking innovations, but would be most adversely affected by patentability....''"
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* [[2008 Berkeley Patent Survey]]
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* [[Small Serial Innovators: The Small Firm Contribution To Technical Change]]
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''(See other [[studies on economics and innovation]])''
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==Related pages on {{SITENAME}}==
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* [[Some SMEs like software patents myth]] - when pro-swpat corporations pretend to speak for SMEs
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* [[passive threats]] - a common way that SMEs are "targeted"
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* [[Who owns software patents]]? - it's not the SMEs
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* [[Inequality between small and large patent holders‎]]
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* [[Costs of patenting]]
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* [[Why companies apply for software patents]]
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* [[Solidarity among campaigns against software patents‎]]
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==External links==
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* [http://www.techdirt.com/articles/20090601/0007575076.shtml How Patents Are Harming Small Companies Too], 1 June 2009, '''Techdirt'''
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* [http://www.suepo.org/public/ex08103cpd.pdf Interview mentioning that 3% of patent applicants own 50% of the patents granted by the EPO], '''[[SUEPO]]''', good quotes
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* [http://www.economic-majority.com/testimony/index.en.php Economic Majority testemonials, mostly from SMEs], '''FFII's Economic Majority''', regarding the [[EU software patents directive]]
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* [http://www.lawandinnovation.org/documents/Patent_Trolls.PDF Patent Trolls Prey on SMEs], by '''Rita S. Heimes'''
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* [http://271patent.blogspot.com/2010/09/bombshell-study-heavily-litigated-npe.html Bombshell Study: Heavily Litigated NPE Patents Overwhelmingly Lose at Trial], 22 Sep 2010, '''271 Patent Blog''' - of course, individuals and [[SME]]s can't afford to go to court
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* {{translate fr|url=http://web.archive.org/web/20000118163954/www.lmi.fr/src/lmi/article/articlel.nsf/article/4A50754E3732918CC12567A0004BBA95?OpenDocument|title=Small publishers worry about being choked by patents}}
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==References==
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{{reflist}}
  
==See also==
 
* [[Bijlage: Aanbieding rapport Rethinking the European ICT agenda]] - mentions that SMEs oppose software patents
 
* [[Innovation in Germany, Windows of opportunity]] - mentions harm to SMEs
 
  
[[Category:Arguments]]
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{{footer}}
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[[Category: Arguments]]

Revision as of 15:14, 16 September 2014

During the lobbying around the EU software patents directive, representatives of small and medium enterprises (SMEs) were against software patents.

Reasons

The main problems are:

There are other problems. Sometimes these other problems are very real, but sometimes they're used by pro-software-patent campaigns in strange ways to distract politicians away from the main problems. Focussing on these should be don with caution:

How important are SMEs?

  • According to European Business Summit, they provide 99% of European jobs![1] (This sounds too high - other sources say 75%)

Statements

Studies

(See other studies on economics and innovation)

Related pages on ESP Wiki

External links

References

  1. "SMEs Engines for Recovery?". http://eureporter.co.uk/story/smes-engines-recovery. "providing an appropriate balance for a discussion of a sector that provides 99% of all of Europe’s jobs."