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WIPO Patent Committee Prepares To Discuss Future Work Programme
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| This week the Free Software Foundation of
| Europe is proposing the committee consider
| using a three-step test on whether a
| particular type of knowledge should become
| patentable subject matter or not.
| These three steps take the form of questions:
| â1, is there a demonstrated failure of the
| market to provide innovation in this area?;
| 2, are there demonstrated positive effects of
| disclosure from patenting in this area?; 3,
| in this area, does the patent system work
| effectively to disseminate knowledge?â
| âPatents are a form of regulation, and
| constitute state intervention in the market,â
| said Karsten Gerloff, president of the FSFE.
| And, he added, âas with any regulation and
| intervention, the first consideration must be
| to do no harm.â These questions should help
| ensure that patents aid the cause of
| innovation, he added.
FSFEâs opening statement at WIPO SCP/14
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| This week, the WIPO Standing Committee on
| the Law of Patents is meeting in Geneva.
| From FSFEâs perspective, the two most
| important points on the agenda are the
| relation between standards and patents, and
| limitations to patentability.
| Weâll go into details in the coming days.
| On patents and standards, one obvious point
| is that Free Software runs into all sorts
| of problems when implementing standards
| that include patented technology - just
| think of MP3.
| The discussion about limitations to what
| can be patented is clearly very important
| for Free Software. Here, the delegates at
| WIPO will discuss, among other things,
| whether there should be international rules
| regarding patents on software.
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