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[News] Patent Law Gets Corrupted in India and EU, USPTO Seeks Restoration of Sanity

  • Subject: [News] Patent Law Gets Corrupted in India and EU, USPTO Seeks Restoration of Sanity
  • From: Roy Schestowitz <newsgroups@xxxxxxxxxxxxxxx>
  • Date: Wed, 25 Mar 2009 00:22:46 +0000
  • Newsgroups: comp.os.linux.advocacy
  • User-agent: KNode/0.10.9
Hash: SHA1

“Software Patents in Malaysia?”

,----[ Quote ]
| It is interesting to note that globally, the software patent mess is starting 
| to rear its ugly head yet again. In the EU, Charlie McCreevy is trying to 
| legalise software patents with a US-EU patent treaty, and in India the Patent 
| Office is working on a Draft Patent Manual to allow software patents.    


Mixed Results in Tafas v. Doll Appeal Over New Patent Rules

,----[ Quote ]
| The conflict stems from a set of rules that the USPTO tried to put into 
| effect in 2007. These would have limited patent applications to five unique 
| claims and 25 total claims per invention, versus the historic lack of limit. 
| Among other things, they would also have restricted the number of requests to 
| reconsider a decision to reject a patent application as well as the number of 
| continuations, or chances to effectively amend a patent application already 
| in process. (Additional continuations would have been theoretically possible, 
| but only with special permission and filing of additional paperwork that 
| experts say could open the patents, if granted, to additional avenues of 
| attack from competitors.)         



EPO seeks to validate software patents without the European Parliament

,----[ Quote ]
| 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.


Commission repeats call for single EU patent

,----[ Quote ]
| 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.


Patents for software?

,----[ Quote ]
| 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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