The controversial pro-software patents directive that has garnered so much opposition was sent back to the European Parliament for reconsideration Monday without any changes, infuriating its critics who call it a "mockery" and claim it's a "minority position."

If adopted over the heads of Denmark, Poland and Portugal - among others, particularly those of the open source persuasion - Europe will be one step closer to having a patent system similar to the US and companies like Microsoft will be happy.

The directive's detractors, who have managed to build opposition in Hungary, Latvia, Holland, Poland and Cyprus, say they will now campaign to see the thing rejected or at least amended.

The head of the EU Council said the directive was adopted "for institutional reasons as not to create a precedent."

According to NoSoftwarePatents.com, the parliament will now have three months to reject or amend the proposal. For rejection or every single amendment, it needs a majority or 367 votes irrespective of absences or abstentions.

The parliament will have four opportunities to reject the proposal, two in a second reading (one before and one after the votes on any proposed amendments), a third one in conciliation and a fourth one in a third reading, it said.

The legislation's critics lost a bid last week to get the current proposal quashed and whole process restarted.