Home Messages Index
[Date Prev][Date Next][Thread Prev][Thread Next]
Author IndexDate IndexThread Index

Re: [News] Microsoft Sued for Patent Infingement; Community Patent in EU

Roy Schestowitz <newsgroups@xxxxxxxxxxxxxxx> espoused:
> Microsoft accused of patent violation in China
> 
> ,----[ Quote ]
>| Zhongyi Electronic, a 100-employee firm, alleged that Microsoft has used its 
>| inputting technology and fonts in Windows operating systems without 
>| commercial agreement for a decade, the official Xinhua news agency reported.  
> `----
> 
> http://news.zdnet.com/2100-9595_22-6226806.html
> 
> EU a step closer to a Community Patent Litigation System
> 
> ,----[ Quote ]
>| Who doesn't like patent litigation? I know I do. What could be more fun than 
>| reading newspapers articles about companies suing the pants out of each other 
>| for infringing on ideas the suing party are theirs. It doesn't matter that 
>| the defendant might never even have heard of the patent in question, as 
>| patent law nevertheless applies and gives the claimant a chance to make a 
>| windfall in damages for patent infringement.     
>| 
>| The EU is now close to setting up its own Community Patent Litigation System 
>| (CPLS), which would turn the current national-based litigation into something 
>| bigger, a community-wide litigation-fest. The idea of a CPLS came from the 
>| Commission back in 2004, but since then the Member State politicians have 
>| gotten involved and have been hard at work in coming up with a proposal for 
>| such a system.     
> `----
> 
> http://euparl.blogspot.com/2008/01/eu-step-closer-to-community-patent.html
> 

That will be great for the lawyers and patent attorneys.  I'm wondering
if we should have some further limitations on the patent process.  For
examples, several more criteria should be met before patents are
granted, or claims are granted:

1.  Initial registration should include good evidence of having
implemented the work through demonstrations.  Abstract works are not
patentable (including software). 

2. If the patent owner has not commercially exploited the patent within,
say, 5 years, then it should expire.

3. People bringing silly patents (Amazon single click, anything software,
etc., ) should be punitively fined, a sum commensurate with their wealth

4. Aspects of the natural world are also not patentable (eg., DNA,
fish-oil, etc.)

Or, better still, abandon the whole system.  It dates back to the
guilds, and is not suitable for the modern world, as it is used as a
means of preventing development, not encouraging it.


-- 
| Mark Kent   --   mark at ellandroad dot demon dot co dot uk          |
| Cola faq:  http://www.faqs.org/faqs/linux/advocacy/faq-and-primer/   |
| Cola trolls:  http://colatrolls.blogspot.com/                        |
| My (new) blog:  http://www.thereisnomagic.org                        |

[Date Prev][Date Next][Thread Prev][Thread Next]
Author IndexDate IndexThread Index