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Software and Patents â The Ideal Solution
http://blog.lawdeveloper.com/2010/04/01/software-and-patents-the-ideal-solution/
Could You Save Software Patents With A Special Team Of 'Obviousness' Developers
,----[ Quote ]
| In the past when discussing different ways
| to potentially improve the patent system,
| I've pointed out that one of the key points
| in determining whether or not something is
| patent worthy is supposedly whether or not
| the invention would be "non-obvious" to a
| "person having ordinary skill in the art."
| And, yet, at no point in the patent review
| process does the average examiner -- who
| quite often does not have ordinary skill in
| the art -- ever go out and ask those who
| do. That always troubled me. So, I thought
| one (of quite a few) useful improvements to
| the system would be to let patent examiners
| call on certain folks who work in various
| fields. Now, this wouldn't be to have that
| person give a total thumbs up or thumbs
| down on the patent. That would still be
| reserved for the examiner. But, at least
| hear some knowledgeable people out on
| whether or not the idea is obvious.
`----
http://techdirt.com/articles/20100401/1527358837.shtml
Patent Office Hires Economist To Add Some Actual Evidence To Patent Policy
,----[ Quote ]
| Given all this, it's interesting to hear,
| via Jamie Love, that the USPTO has hired
| economist Stuart Graham to the newly
| created position of "chief economist." Love
| notes that Graham's appointment comes with
| the mandate to compile economic data while
| doing a true economic analysis of patents
| for the USPTO. This seems like a good
| thing. I did a quick search on Graham's
| previous research and came up with a a
| listing of some of his research -- and at a
| first pass, it bodes well. He's done work
| on how post-grant opposition to patents can
| improve quality of patents (pdf) and also
| has done research on patents in the
| pharmaceutical world, noting that there is
| a disconnect between patents and actual
| product development. In fact, that same
| study found that increased R&D doesn't
| appear to be an indicator of greater
| product development at all.
`----
http://techdirt.com/articles/20100330/0123128779.shtml
NZ patent reform proposals: good news for open sourcers, generics
,----[ Quote ]
| How might the New Zealand Intellectual
| Property Office handle the challenge of
| developing guidelines for a clear and
| definitive distinction between embedded and
| other types of software? The IPKat awaits
| the outcome with curiosity.
|
| The report is silent regarding patent term
| extension where commercial exploitation of
| a patented product, such as a
| pharmaceutical or agrochemical, is delayed
| due to the need to obtain regulatory
| approval. This omission is particularly
| disappointing for patentees as the Bill
| contains 'spring-boarding' provisions in
| clause 136 that grant an exemption from
| infringement for an act done for
| experimental purposes and in clause 138 for
| the development and submission of
| information required to obtain regulatory
| approval.
`----
http://ipkitten.blogspot.com/2010/04/nz-patent-reform-proposals-good-news.html
Loophole.
Recent:
New Zealand govt against software patents!
,----[ Quote ]
| Substantial credit is due to the people in
| NZ that submitted letters making the case
| against software patents:
|
| * Egressive Limited
| * The New Zealand Open Source Society
| * InternetNZ
| * Guy Burgess
`----
http://news.swpat.org/2010/03/new-zealand-govt-against-software-patents/
Select Committee Reports On New Patents Bill In New Zealand
http://www.jdsupra.com/post/documentViewer.aspx?fid=2b9e677a-2062-4529-9724-399d0fb57885
New Zealand Politicians Want To Explicitly Outlaw Software Patents
,----[ Quote ]
| As we wait for the Bilski ruling in the US
| (which my gut feeling tells me will have
| the Supreme Court totally punt on the issue
| of software patents), it seems like
| politicians down in New Zealand have
| figured out that software patents are a
| real problem.
`----
http://www.techdirt.com/articles/20100330/1852558798.shtml
New Zealand Legislators Say Software should be Inpatentable
,----[ Quote ]
| New Zealand legislators have proposed a
| bill which would make it impossible to
| patent software. The bill, which is going
| through the process for patent reform,
| clearly indicates that software should not
| be patentable.
|
| If this bill becomes a law, then it will
| create friction with US ACTA negotiators,
| who about to make software patents standard
| internationally.
`----
http://topnews.us/content/214985-new-zealand-legislators-say-software-should-be-inpatentable
New Zealand patent reform bill says no to software patents
,----[ Quote ]
| New Zealand's parliament is preparing to
| vote on a major patent reform bill that
| will tighten the country's standards of
| patentability. One of the most significant
| changes in the proposed bill is a specific
| patentability exclusion for software. If
| the bill receives parliamentary approval in
| its current form, it will broadly eliminate
| conventional software patents in New
| Zealand.
|
| The bill was drafted by the Select Commerce
| Committee, which decided to include the
| exclusion after reviewing feedback from the
| software industry. The bill's official
| summary acknowledges that software patents
| are detrimental to the open source software
| development model and have the potential to
| seriously stifle innovation.
`----
http://arstechnica.com/open-source/news/2010/04/new-zealand-patent-reform-bill-says-no-to-software-patents.ars
New Zealand legislators want to outlaw software patents
,----[ Quote ]
| As part of an effort to update patent law,
| New Zealand legislators have proposed a
| bill which would make it impossible to
| patent software. If it becomes law it would
| no doubt cause friction with US ACTA
| negotiators, who are pushing to make
| software patents standard internationally.
|
| Currently they are recognized in just a few
| countries, including the US and Japan.
`----
http://www.afterdawn.com/news/article.cfm/2010/04/01/new_zealand_legislators_want_to_outlaw_software_patents
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