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[News] European Intellectual Monopoly System Still Under Scrutiny

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Ten myths about the European patent system

,----[ Quote ]
| Myth 1: "The European patent system works well. Het European Patent Office is 
| leading in a policy to prevent the adoption of undesired American elements 
| into European patent law ".  
| Reality: The European patent system is becoming more an more a burden for 
| firms. There is undeniably a tendency to follow the United States. 
| Myth 2: "Patents are indispensable for innovation – now more than ever."
| Reality: Occasional success stories are actually exceptions that proves the 
| rule. The patent system moves competition from the market to the courtroom. 


IPO sticks to four-step software patent test

,----[ Quote ]
| The UK's Intellectual Property Office (IPO) will still use a previously 
| formulated test on software patents despite a court ruling which many took to 
| be critical of its approach.  
| The Chartered Institute of Patent Attorneys (CIPA) has said that the IPO's 
| guidance could cause uncertainty and increase the cost of doing business in 
| the software industry.  
| [...]
| Many observers saw the ruling as a rejection of the IPO's previous methods of 
| judging software patent claims. The IPO has said, though, that it will 
| continue to apply the Aerotel/Macrossan test to decide whether an invention 
| qualifies for a patent.   
| [...]
| The Symbian software was allowed a patent by the Court of Appeal because it 
| improved the operation of the software in a mobile phone, which the court 
| said meant that it had a technical effect.  


“Staff at the European Patent Office went on strike accusing the organization
of corruption: specifically, stretching the standards for patents in order to
make more money.”

“One of the ways that the EPO has done this is by issuing software patents in
defiance of the treaty that set it up.”

                                                --Richard Stallman


Recent:We need a patent revolution, not a blame game

,----[ Quote ]
| These obstacles cost taxpayers money, up to three billion Euro a year,
| according to the Commission report. Actually, the sector inquiry’s findings
| focus mainly on the process between originator companies and generic
| companies.


EPO lobbying for a Central Patent Court

,----[ Quote ]
| The European Patent Office does not only grant software patents, it also
| lobbies the legislators to validate them through the creation of a central
| patent court.


The Economic Impact of Software Patents

,----[ Quote ]
| The UK's Patent Office – which now goes by the awful name of UK Intellectual
| Property Office, which means it's really the UK Intellectual Monopolies
| Office – is a curious beast. On the one hand, as its name suggests, it's tied
| into one of the biggest confidence tricks around, dressing up conceptual
| mutton as intellectual lamb. On the other, there are odd outbreaks of sanity
| that suggest someone in there understands some of the deeper issues
| concerning software patents.
| [...]
| It's not coincidence that Microsoft still maintains that GNU/Linux infringes
| on some 200 of its sacred software patents – and yet is strangely coy about
| naming them, since it doesn't want its bluff called.

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