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Interactive Graphic Pretends to Illustrate How U.S. Patent System Has Driven American Economy
,----[ Quote ]
| Some asked me if this proved patents do encourage
| innovation. But of course it does not. This proves
| absolutely nothing, in fact, except that there can still
| be growth despite state intervention such as
| intellectual monopoly grants. Correlation is not
| causation. I hope Obama doesn't see this--I'm sure he
| could whip up a similar chart correlating growth over
| the last two centuries with, say, increasing taxes,
| increasing federal spending, increasing federal
| size/employment, increasing military size, increasing
| efficiency at mass murder, and so on.
`----
http://www.againstmonopoly.org/index.php?perm=593056000000001590
Patents and the Coase Theorem
,----[ Quote ]
| One of the most famous essays in economics is Ronald
| Coaseâs âThe Problem of Social Cost.â Its key argument,
| which was later dubbed the Coase Theorem by George
| Stigler, says that in a world with zero transaction
| costs, the initial allocation of rights doesnât matter
| because people will negotiate toward an allocation of
| rights that maximizes total social utility.
|
| Coase illustrates this principle with an example
| involving a farmer and a rancher who occupy adjacent
| parcels. The rancherâs cattle sometimes stray onto the
| farmerâs land and damage his crops. Coaseâs claim is
| that it doesnât matter whether the law holds the rancher
| liable for the damage to the farmerâs crops or not:
| either way, the rancher and farmer will reach a bargain
| that maximizes the joint value of the rancher and
| farmerâs output.
`----
http://timothyblee.com/?p=918
Recent:
Once Again: Patents Do Not Equal Innovation
,----[ Quote ]
| The real reason for the decline in patenting may actually be buried at the
| bottom of the article: companies are realizing that patents aren't
| particularly cost effective, and they're cutting back, focusing on actual
| innovation rather than throwing money away on the patent system.
`----
http://techdirt.com/articles/20090426/1855224648.shtml
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 âtechnical effectâ, âfurther technical
| effectâ, âtechnical characterâ, âtechnical considerationsâ 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 âas suchâ).
|
| 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 âyesâ or ânoâ 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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