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G 3/08 Observations - Your Last Chance
,----[ Quote ]
| Of these, some are very interesting, some are fairly pedestrian, some are
| horribly wordy and full of legal 'analysis', footnotes and references, some
| are fairly predictable ill-informed anti-patent rants, while others are
| merely irrelevant. The IPKat (who still can't see what on Earth TRIPs has to
| do with the EPO) will let his readers decide which are which.
`----
http://ipkitten.blogspot.com/2009/04/g-308-observations-your-last-chance.html
European Software Patents Version 3.0
,----[ Quote ]
| (B) IF QUESTION 2 (A) IS ANSWERED IN THE NEGATIVE, IS A FURTHER TECHNICAL
| EFFECT NECESSARY TO AVOID EXCLUSION, SAID EFFECT GOING BEYOND THOSE EFFECTS
| INHERENT IN THE USE OF A COMPUTER OR DATA STORAGE MEDIUM TO RESPECTIVELY
| EXECUTE OR STORE A COMPUTER PROGRAM?
|
| Congratulations. That is more creative for circumventing the law.
| “T1173/97 introduced a rather ugly idea that a method of operating a computer
| or a program in order to be have a technical character, requires a
| so-called ”further technical effect‘. They said that whenever you run a
| program on a computer, you have a technical effect. But that is not
| sufficient. They wanted something beyond what happens whenever you run any
| old program. So they said for methods or programs you have to have a further
| technical effect, but the apparatus is always within the realms of
| patentability”4
`----
http://www.tmplab.org/2009/04/30/does-epo-grant-illegal-software-patents/
Don't change European software patent rules, say CIPA
,----[ Quote ]
| There have also been problems in the UK, where the Intellectual Property
| Office has issued four different Practice Notices relating to
| computer-implemented inventions in the last five years. CIPA is not in favour
| of such frequent changes, as patents have a lifetime of up to twenty years.
`----
http://ipkitten.blogspot.com/2009/04/dont-change-european-software-patent.html
Recent:
Red Hat pitches software-patents-free Europe
,----[ Quote ]
| Red Hat is today expected to join others in making the case against the
| enforcement of patents in software across the European Union.
|
| The company is expected to submit an 11-page report to regulators, which
| makes the case that patents in software damages innovation in software.
`----
http://www.theregister.co.uk/2009/04/30/red_hat_europe_patents/
FOSDEM 2007 Status of Software Patents in Europe
http://www.youtube.com/watch?v=65C5-51unqI
Patents, Protests, Plebiscites, and Protecting your freedom
,----[ Quote ]
| When he attended a rally in Munich this month, Richard Stallman took time out
| of his busy schedule to talk with our News Editor, Britta Wülfing. The
| conversation covered everything from Software as a Service, to patents,
| protests, international politics, and protecting your freedom.
`----
http://www.linux-magazine.com/online/features/patents_protests_plebiscites_and_protecting_your_freedom
More Amicus Curiae Briefs Submitted to Registrar of Enlarged Board Of Appeal in
Case G3/08
,----[ Quote ]
| If the Enlarged Board of Appeal should jump over the admissibility hurdle
| they will find themselves confronted with demands linke 'we want more of the
| same' from the usual pro-patent stakeholders interested in more or less
| maintaining the status quo, as well as with flawed 'get rid of software
| patents' rethoric of well-known abolitionist groups or individuals
| representing that way of thinking. Mr Bakels' approach brings in some fresh
| air but I am somewhat in doubt as to the EBA would dare even only to deal
| explicitly with such deviation from long established concepts of case law.
`----
http://www.ipjur.com/blog2/index.php?/archives/68-More-Amicus-Curiae-Briefs-Submitted-to-Registrar-of-Enlarged-Board-Of-Appeal-in-Case-G308.html#extended
Farmers, Politicians, Free Software Fans Demonstrate Against Patents
,----[ Quote ]
| Stallman warned against the threat patents pose to free farming and free
| software engineering, and heavily criticised the EPO for its grant practice.
| He called it an “evil and malicious organisation” Europeans should try to get
| rid off and should in the first place try “to stop treating every EU
| institution as if it was sacred and inscrutable.”
`----
http://www.ip-watch.org/weblog/2009/04/18/farmers-politicians-free-software-fans-demonstrate-against-patents/
Richard Stallman, Farmers and the German CSU Party Unite Against Patents
,----[ Quote ]
| Members of the Foundation for Free Information Infrastructure (FFII), the
| Piratenpartei (Pirate Party), Greenpeace, the Misereor Catholic organization,
| and farmers' unions against the European Patent Office (EPO) recently
| assembled at a rally in Munich, Germany. Demonstrators included Richard
| Stallman, who added his own testimonial to those united against the EPO.
`----
http://www.linuxpromagazine.com/online/news/richard_stallman_farmers_and_the_german_csu_party_unite_against_patents
European Patent Office asks itself about software patents
,----[ Quote ]
| Sadly, the questions posed to the EBA are mined with typical EPO philosophy
| including their definitions of “technical effect”, “further technical
| effect”, “technical character”, “technical considerations” and other
| terminology they have used over the years. In that way they justified black
| being white, or more specifically the applicability of software patents (but,
| naturally, not “as such”).
|
| Seeing how the specific questions to the EBA are phrased (quite some traps in
| there), and what is not asked, it seems clear to me that any set of answers
| with just “yes” or “no” is unable to speak against software patents in any
| meaningful way. Furthermore, if only one was to accept the premises of the
| questions, I submit that seemingly innocent arguments could be twisted in a
| number of ways to justify software patents. Nice job!
`----
http://log.openxp.net/2009/03/22/european-patent-office-asks-itself-about-software-patents/
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.
`----
http://press.ffii.org/Press_releases/EPO_seeks_to_validate_software_patents_without_the_European_Parliament
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.
`----
http://www.out-law.com/page-9878
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.
`----
http://www.epo.org/topics/issues/computer-implemented-inventions/software.html
Commission says the Community Patent is all about Software Patents
,----[ Quote ]
| 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.
`----
http://stopsoftwarepatents.org/forum/t-139537/commission-says-the-community-patent-is-all-abou
EPO comments on EU pharmaceutical sector inquiry
,----[ Quote ]
| 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.
`----
http://www.epo.org/topics/news/2009/20090318.html
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