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[News] Update on Attempts to Legalise Software Patents in Europe ('Community' Patent)

  • Subject: [News] Update on Attempts to Legalise Software Patents in Europe ('Community' Patent)
  • From: Roy Schestowitz <newsgroups@xxxxxxxxxxxxxxx>
  • Date: Sat, 03 Oct 2009 21:00:19 +0100
  • Followup-to: comp.os.linux.advocacy
  • Newsgroups: comp.os.linux.advocacy
  • User-agent: KNode/4.3.1
Hash: SHA1

Yet Another Revised Proposal For A Council Regulation On The Community Patent

,----[ Quote ]
| It should not be overlooked that the entire project of an 
| enhanced patent system in Europe is currently set on hold 
| because of the pending referral for the Unified Patent 
| Litigation System to the ECJ.


âStaff at the European Patent Office went on strike accusing the organization
of corruption: specifically, stretching the standards for patents in order to
make more money.â

âOne of the ways that the EPO has done this is by issuing software patents in
defiance of the treaty that set it up.â

                                                --Richard Stallman

Using Reexaminations to Avoid Willfulness Damages

,----[ Quote ]
| Most patents currently being reexamined at the PTO are also being 
| litigated in parallel proceedings in district court. This rise in 
| importance of parallel reexaminations leads directly to both 
| Constitutional controversies and practical problems. Although the 
| Federal Circuit has nimbly attempted to avoid the problem, the 
| truth is that both the PTO (an Article II executive agency) and 
| the Article III Courts focus on the same question of validity of 
| patent claims. These races to conclusion raise questions of both 
| separation of powers and res judicata.



Reform of Europe's patent system moves a step closer

,----[ Quote ]
| Changes to Europe's costly and fragmented patent system have edged a step
| closer after EU industry ministers agreed formally to ask the European Court
| of Justice for its opinion on a potential overhaul.
| Ministers, meeting in Brussels yesterday, said they would consult Europe's
| top court on the legality under EU law of introducing specialist courts to
| handle patent disputes along with a so-called "community patent".
| The latter - which would be a single intellectual property right that would
| apply across Europe - has been an elusive goal for decades.


EU states consult top court on patent litigation

,----[ Quote ]
| European Union states agreed on Thursday to ask the bloc's top court whether
| draft plans to cut the cost of defending patents in a new system of courts
| would be compatible with EU law.

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