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Open-source Firms Urged to Go on Legal Offensive
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| Open-source software companies are missing out on a relatively inexpensive
| way to fight concerns about patent liability, according to an attorney who
| spoke at an open-source conference in San Francisco this week.
|
| More open-source companies should be asking the U.S. Patent & Trademark
| Office to re-examine patents that may pose a threat to them, as a cheaper,
| sometimes more suitable alternative to waging a patent lawsuit, said Van
| Lindberg, an attorney with Haynes and Boone LLP, who spoke at Infoworld's
| Open Source Business Conference in San Francisco.
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http://www.pcworld.com/article/162069/opensource_firms_urged_to_go_on_legal_offensive.html?tk=rss_news
Open saucers plan legal attack on patent office
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| LEGAL EAGLES working for Open Sauce collectives have discovered that there is
| a cheap way of fighting concerns about patent liability.
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http://www.theinquirer.net/inquirer/news/557/1051557/open-saucers-plan-legal-attack-patent-office
Recent:
EPO seeks to validate software patents without the European Parliament
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| At the highest level of the European Patent Office (EPO), the legality of
| software patents in Europe is about to be tested. The FFII warns that the
| European Parliament is being bypassed by allowing a decision with EU-wide
| implications to be made without its involvement or any real debate.
|
| The President of the European Patent Office (EPO), Alison Brimelow, has asked
| the Enlarged Board of Appeal (EBA) to decide on the interpretation of the
| European Patent Convention (EPC) regarding the exclusion of software from
| patentability. The EBA is replacing the European Parliament in order to
| validate software patents EU-wide without the need of a debate.
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http://press.ffii.org/Press_releases/EPO_seeks_to_validate_software_patents_without_the_European_Parliament
Commission repeats call for single EU patent
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| The European Commission has reiterated its demand for the creation of a
| single European patent. It said the absence of such a protection is hindering
| the growth of technology companies in the European Union.
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http://www.out-law.com/page-9878
Patents for software?
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| The EPO does not grant patents for computer programs or computer-implemented
| business methods that make no technical contribution. Programs for computers
| as such are excluded from patentability by virtue of Art. 52(2)(c) and (3)
| EPC. According to this patent law, a program for a computer is not patentable
| if it does not have the potential to cause a "further technical effect" which
| must go beyond the inherent technical interactions between hardware and
| software.
|
| On the other hand, a CII (even in the form of a computer program) that can
| provide this further technical effect can be patentable, subject to the other
| patentability requirements, such as novelty and inventive step. In this case,
| it would be recognised as providing a technical solution to a technical
| problem.
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http://www.epo.org/topics/issues/computer-implemented-inventions/software.html
Commission says the Community Patent is all about Software Patents
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| The European Commission has issued a communication asking for the creation of
| the Community Patent in order for "ICT companies to protect their inventions
| in the single market". Large companies were rejecting the software patent
| directive, aiming to validate software patents via the Community Patent and
| skip the debate about patentable subject matter.
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http://stopsoftwarepatents.org/forum/t-139537/commission-says-the-community-patent-is-all-abou
EPO comments on EU pharmaceutical sector inquiry
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| The EPO also welcomes the emphasis the report places on the need for the
| creation of a Community patent, and a centralised, specialised European
| patent judiciary.
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http://www.epo.org/topics/news/2009/20090318.html
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