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Abandoning software patents?
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| On Monday, November 9th, the Supreme Court
| will hear the case of Bilski's business
| method patent. Being the first review of
| patentable subject matter since 1981, this
| decision could make the rules for decades
| to come. The court will review the 2008
| ruling of the CAFC which created the
| "particular machine or transformation"
| test. This test, depending on who's reading
| it, could significantly narrow the scope
| for patenting software ideas.
|
| The Supreme Court isn't obliged to rule on
| the patentability of software ideas.
| Bilski's patent is a business method
| patent, not a software patent. So why might
| the court make a broad ruling which would
| cover software? For people who are already
| aware of the legal arguments, I'd like to
| offer a review of the socio-economic
| arguments for abandoning software patents.
`----
http://www.patentlyo.com/patent/2009/11/abandoning-software-patents.html
Highlights of the Briefs
http://www.softwarefreedom.org/resources/2009/bilski-resources.html
- From the Editors: Letâs hope for a court ruling writ large
http://www.sdtimes.com/FROM_THE_EDITORS_LET_S_HOPE_FOR_A_COURT_RULING_WRIT_LARGE/By_SD_TIMES_EDITORIAL_BOARD/About_PATENTS_and_JAVA_and_ORACLE/33879
ACLU/PUBPAT Gene Patent Challenge Moves Ahead
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| A federal district court said that the ACLU
| et al. suit challenging the patentability
| of gene patents can go forward. The
| American Civil Liberties Union (ACLU), the
| Public Patent Foundation (PUBPAT), and a
| whole host of others have filed a lawsuit
| challenging patents on two human genes
| associated with breast and ovarian cancer
| claiming that the patents are illegal and
| restrict both scientific research and
| patientsâ access to medical care, and that
| patents on human genes violate the First
| Amendment and patent law because genes are
| âproducts of nature.â
`----
http://www.patentbaristas.com/archives/2009/11/03/aclupubpat-gene-patent-challenge-moves-ahead/
Court Upholds Rights of Scientists and Patients to Challenge Gene Patents
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| "We hope this challenge is the beginning of
| the end to patents on genes, which limit
| scientific research, learning and the free
| flow of information," said Chris Hansen, a
| staff attorney with the ACLU First
| Amendment Working Group. "No one should be
| able to patent a part of the human body."
`----
http://scienceblogs.com/culturedish/2009/11/court_upholds_rights_of_scient.php
EU Community Patent: The Mill Goes On And On
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| With other words, the highly crucial
| question of the arrangement concerning
| translations - which might well be decisive
| for the fate of the entire project - is
| taken out of the main body of text on the
| Council Regulation on the Community Patent.
| As far as I can learn from earlier
| Documents, utilisation of machine
| translations is considered to be the joker
| of the day. The newly introduced Article 61
| makes clear that if this approach should
| later turn to be unworkable, the language
| arrangement can be changed without
| unbundling the entire package of the EU
| Community patent project.
`----
http://www.ipjur.com/blog2/index.php?/archives/130-EU-Community-Patent-The-Mill-Goes-On-And-On.html
Recent:
Richard Stallman on Software Patents
,----[ Quote ]
| In this insightful discussion, international Free Software
| advocate Richard Stallman (RMS) will argue that software
| patents seriously and significantly obstruct software
| development.
|
| Software patents are patents that cover software ideas.
| Stallman will argue that they restrict the development of
| software to the point that the risk of legal action as a
| result of design decisions is dramatically raised. Stallman
| will also make the point that patents in other fields
| restrict factories, but in IT, software patents restrict
| every computer user and consumer.
`----
http://www.nzcs.org.nz/events/waikato_bop/70-Richard_Stallman_on_Software_Patents
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