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[News] Systems Gets Polluted with Software Patents, in Europe Too

  • Subject: [News] Systems Gets Polluted with Software Patents, in Europe Too
  • From: Roy Schestowitz <newsgroups@xxxxxxxxxxxxxxx>
  • Date: Tue, 02 Feb 2010 11:24:29 +0000
  • Followup-to: comp.os.linux.advocacy
  • Newsgroups: comp.os.linux.advocacy
  • User-agent: KNode/4.3.1
Hash: SHA1

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.


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.


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."



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.


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.

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