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Global CIO: Software Patents And The CIO
,----[ Quote ]
| Patent attorney Stephen Glazier weighs in
| on two recent developments, which dictate a
| more hands-on IT organization approach to
| intellectual property.
|
| [...]
|
| The second development is that, as of 2008,
| the majority of all new patent applications
| are in the area of software, computer
| systems, and business methods, and that
| volume continues to grow. These patents can
| enable the owner to stop competitors from
| copying the patented improvements (i.e.,
| the patent owner can use the patent
| monopoly to obtain market share and
| competitive advantage) and to obtain cash
| for damages, triple damages, and attorney
| fees.
`----
http://www.informationweek.com/news/global-cio/roi/showArticle.jhtml?articleID=222600651&subSection=All+Stories
Germany following the EPO approach to patentability of CII?
,----[ Quote ]
| The German Federal Court of Justice
| (Bundesgerichtshof, BGH) analysed in his
| decision X ZB 22/07 (âSteuerung fÃr
| UntersuchungsmodalitÃtenâ, in German) of
| January 20, 2009 under which circumstances
| a software that is embedded in a larger
| technical system may represent statutory
| subject-matter. Some commentators assume
| that this decision may represent a
| turnaround of the BGHâs approach to assess
| technical character of an invention towards
| that of the Boards of Appeal of the
| European Patent Office.
|
| [...]
|
| Conclusion: The decision clarifies that a
| software program that is embedded in a
| larger technical system and that involves
| steps of processing, storing and
| transmitting data by a technical apparatus
| represents statutory subject-matter
| according to  1 PatG, which corresponds to
| the EPOâs approach as presented in âauction
| method/Hitachiâ according to which
| executability of a computer program by a
| computer is sufficient to render the claim
| technical.
`----
http://www.visaepatentes.com/2010/01/germany-following-epo-approach-to.html
For increased damages (TRIPS):
ACTA One Step Closer To Being Done; Concerns About Transparency Ignored
,----[ Quote ]
| Despite widespread demands from politicians
| around the globe, combined with promises
| from the USTR to be more open and
| transparent (despite unsubstantiated and
| totally ridiculous claims that countries
| would leave the negotiations if details
| were made public) and even entertainment
| industry lobbyists admitting that the
| process could be more transparent, ACTA
| negotiations are continuing in a veil of
| total secrecy to the public (unless you're
| a big industry lobbyist -- then it's open).
| The latest meetings in Mexico were again
| held in total secrecy, where public
| concerns were mocked, but appear to have
| continued to move the negotiations forward
| with claims coming out that the document is
| in "final drafting stages."
`----
http://www.techdirt.com/articles/20100129/0505077972.shtml
Recent:
Is IP another bubble about to burst? A view from another civilization.
,----[ Quote ]
| As a child growing up in India, one of the
| first things I learned is a hymn to
| Saraswati, the Goddess of Knowledge, which
| says that:
|
| Wonderful is your gift of knowledge
| the more we share, the more it grows
| the more we hoard it, the more it diminishes
|
| As a grown-up living in a globalized world,
| I am constantly bombarded by the the term,
| âintellectual property.â Policy makers keep
| saying that India should create more IP.
| Countless seminars extol the virtues of IP
| even as patents are granted for âMethod for
| swinging on a swing,â "Method for Concealing
| Partial Baldness." In the computer industry,
| patents are routinely granted for things
| that are obvious and have been known for
| years. Things have come to such a pass that
| even an industry veteran like Andy Grove was
| forced to say that, âThe true value of an
| invention is its usefulness to the public.
| Patents themselves have become products.
| They're instruments of investment traded on
| a separate market, often by speculators
| motivated by the highest financial return on
| their investment....
|
| [...]
|
| When we look back on our times, we may find
| that the term, "Intellectual Property" has
| taken its place along side another archaic
| term, "Horseless Carriage." Both were
| attempts to impose metaphors of the past on
| the future. And the folly of our times is
| that we treat inexhaustible resources like
| knowledge as finite resource and treat
| finite resources like oil and forests as
| infinite resources. The sooner we turn these
| attitudes around, the better it will be for
| the future of mankind.
`----
http://opensource.com/law/09/12/ip-another-bubble-about-burst-view-another-civilization
Software patents petition pushed
,----[ Quote ]
| A PETITION opposing software patents has
| been launched in Europe with the hope of
| preventing costly legal battles and
| restrictive policies.
|
| It has long been thought that patenting
| software was counter-productive to
| innovation in the industry, and the adoption
| of software patents in the UK and Europe has
| long been debated. This latest online
| petition looks to be gathering broad support
| in light of some recent disputes.
`----
http://www.theinquirer.net/inquirer/news/1588497/software-patents-petition-pushed
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