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Re: [News] German Linux Trade Group Denounces Microsoft FUD

B Gruff wrote:
[...]
> "OSRM's new patent insurance products are targeted at protecting users with
> comprehensive policies that protect against what Ravicher believes to be
> the biggest problem with the 283 patents"

Moglen's underling Ravicher may believe whatever he wants, of course.

> 
> Tell me, are software patents valid in Germany?

Sure. Don't you know that EPO is headquarted in Germany? ;-)

In Logikverifikation case (13 December 1999), the German Federal Court 
(the highest appeals court in Germany for cases of civil and criminal 
law), ruled on a case involving a European patent claiming a computer-
implemented invention, namely a "method for hierarchical logic 
verification of highly-integrated circuits". Going against the run of 
previous case law, it overruled the German Federal Patent Court 
(Bundespatentgericht or BPatG), and came to the conclusion that the 
claimed subject-matter did properly meet the 'technical' requirement, 
was not excluded from patentability and therefore the patent should be 
allowed. In over delopments, BPatG objections were also overruled in 
the decisions Sprachanalyseeinrichtung (German BGH, 11 May 2000) and 
Suche fehlerhafter Zeichenketten (German BGH, 17 October 2001).

regards,
alexander.

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