| Compliance | Parliament's Proposal | Council Compromise |
| WTO (TRIPS) | ||
| Article 1 | √ No additional “protection” added that would contradict agreement | X “Protection” breaches other clauses |
| Article 10 | √ Computer programs remain protected as literary works | X No longer true, underlying ideas patentable |
| Article 13: | √ Does not prejudice the right holder (author) of software works | X “inventors” can block authors rights |
| Article 27 | cars ? Technical contribution to state of art (inherited from earlier drafts)
√ all new and useful physical products or processes are patentable |
? Technical contribution to state of art (inherited from earlier drafts) √ all “new” and “useful” products or processes are patentable (including data processes) |
| EPC | ||
| Art 52 | √ Computer programs not reclassified as inventions | X “Sui generis” established.. data processing reclassed as field of technology |
| WIPO Copyright | ||
| Article 4 | √ Computer programs remain protected as literary works | X No longer true, underlying ideas patentable |
| Article 6 | √ Exclusive Right to Rent assured | X No longer true, underlying ideas patentable |
| Article 7 | √ Exclusive Right to Distribute assured | X No longer true, underlying ideas patentable |
| Article 8 | √ Exclusive Right to Communicate to public assured | X No longer true, underlying ideas patentable |
| Article 10 | √ Does not prejudice the right holder (author) of software works | X “inventors” can block publication and demand payment |
| Software Copyright Directive | √ Computer programs remain protected as literary works irregardless of form | X Computer programs reclassified if they make a “technical contribtion” |
| Berne Convention (all provisions) | √ Does not prejudice the right holder (author) of software works | X No longer true, underlying ideas patentable |