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[News] Software Patents on the Ropes (Sort of), EU Has Loopholes

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End of the Road for E-Commerce Patents?

,----[ Quote ]
| The U.S. Court of Appeals for the Federal Circuit in Washington held a rare 
| full-court hearing on May 8 to decide whether to limit "process patents." The 
| decision in this case -- which is expected within a few months -- may have a 
| wide-ranging effect on the patenting practices of e-commerce companies.   
`----

http://www.ecommercetimes.com/story/63107.html

Mondaq: United Kingdom: Software Patents: The More Things Change...

,----[ Quote ]
| However, as illustrated by Kapur, the EPO will generally remain the better 
| forum for obtaining software patents while the "technical contribution" 
| requirement remains good law in the UK. In contrast, current EPO 
| jurisprudence8 allows any claim which involves the use of or is to a piece of 
| hardware however mundane to bypass the Article 52 exclusion and move on to an 
| assessment of inventive step.     
`----

http://www.digitalmajority.org/forum/t-61981/mondaq:united-kingdom:software-patents:the-more-things-change


Recent:

[ffii] McCreevy wants to legalise Software Patents via a US-EU patent treaty

,----[ Quote ]
| Brussels, 13 May 2008 -- European Commissioner McCreevy is pushing for a
| bilateral patent treaty with the United States. This Tuesday 13 May in
| Brussels, White House and European representatives will try to adopt a
| tight roadmap for the signature of a EU-US patent treaty by the end of
| the year. Parts of the proposed treaty will contain provision on
| software patents, and could legalise them on both sides of the Atlantic.
|
| "TEC talks are the current push for software patents. The US want to
| eliminate the higher standards of the European Patent Convention. The
| bilateral agenda is dictated by multinationals gathered in the
| Transatlantic Economic Business Dialogue (TABD). When you have a look
| who is in the Executive Board of the TABD, you find not a single
| European SME in there", says Benjamin Henrion, a Brussels based patent
| policy specialist.
|
| The Transatlantic Economic Council (TEC) which comprises EU and US high
| level representatives put a substantive harmonisation of patent law on
| its agenda. Substantive patent law covers what is patentable or not. The
| attempt to impose the low US standards on Europe via the Substantive
| Patent Law Treaty (SPLT) process utterly failed at the World
| Intellectual Property Organisation. Also progress in the WIPO B+
| subgroup (without development nations) could not be reached.
`----

http://lwn.net/Articles/282000/


The ghost of software patents is back!

,----[ Quote ]
| Life is never easy for an open source evangelist. The OOXML drama came to a
| close on 2nd April 2008 and we were on to our next issue -- software patents.
| The Draft Patent Manual might end up bringing software patents through the
| back door. this would be surprising because the Indian parliament explicitly
| rejected software patents in the Patent Amendment Act 2005. In this blog, I
| am including extracts from a letter that I sent to the Patent Office on 11th
| April 2008. The deadline for comments was 15th April 2008.
`----

http://osindia.blogspot.com/2008/05/ghost-of-software-patents-is-back.html
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