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[News] Lawyers Explain How to Supersede the Law in Thailand to Sneak in Software Patents

  • Subject: [News] Lawyers Explain How to Supersede the Law in Thailand to Sneak in Software Patents
  • From: Roy Schestowitz <newsgroups@xxxxxxxxxxxxxxx>
  • Date: Sat, 05 Jun 2010 18:40:04 +0100
  • Followup-to: comp.os.linux.advocacy
  • Newsgroups: comp.os.linux.advocacy
  • User-agent: KNode/4.4.2
Hash: SHA1

Patent protection strategies explained

,----[ Quote ]
| Fabrice Mattei and Prasit Siricheepchaiyan 
| of Rouse review trends in drafting, filing 
| and prosecuting patents in Thailand 
| [...]
| One way of getting around the medical 
| method claims issue is to rewrite them as 
| Swiss claims such as "use of substance X 
| in the manufacture of a medicament for the 
| treatment of condition Y". It is 
| permissible under the current Thai patent 
| practice so long as the method of 
| treatment is not a pure treatment method, 
| for instance the method of using a scalpel 
| during surgery.
|     * iii) Computer software. While it is 
|     not possible to obtain a patent on 
|     software per se, patents may be 
|     granted for inventions requiring the 
|     use of software to achieve their 
|     purpose. This, however, is conditional 
|     on the software having a technical 
|     effect when the programme is run. Such 
|     effect may, for example, be found in 
|     the control of an industrial process 
|     or in the internal functioning of the 
|     computer itself.
|     * iv) The Thai Patent Act does not 
|     explicitly exclude business methods 
|     from patentability and it is debatable 
|     whether business methods are 
|     patentable under the Thai Patent Act. 
|     Arguably, Thai patents for pure 
|     business methods would not be granted 
|     because they cannot satisfy the 
|     meaning of invention under the Patent 
|     Act. According to Section 3 of the 
|     Patent Act, invention means any 
|     innovation or invention, which creates 
|     a new product or process, or any 
|     improvement of a known product or 
|     process. Furthermore, the Patent Act 
|     defines process as "any method, art or 
|     process of producing, maintaining or 
|     improving the quality of a product, 
|     including the application of such 
|     process". A pure business method is 
|     neither a product nor a process of 
|     producing, maintaining, or improving 
|     the quality of a product under the 
|     meaning of Section 3.


Why Patents are Like Black Holes

,----[ Quote ]
| These cases show yet again why patents 
| just don't do what they are supposed to - 
| encourage innovation - but act as very 
| serious threats to other companies that 
| *are* innovating. As more and more of 
| these software stars die, so the number of 
| patent black holes will increase, and with 
| them the unworkability of the patent 
| system. Time to reboot that particular 
| universe...


Courthouse News Service

,----[ Quote ]
| Ablaise Ltd. can no longer demand that Dow 
| Jones & Co. pay for its patented 
| technology for personalizing content on 
| websites, the 9th Circuit ruled.



Open-source software suites pre-installed in local PCs

,----[ Quote ]
| In a bid to promote the wider use of open-source software in Thailand, the
| National Electronics and Computer Technology Centre (Nectec) has joined five
| local computer manufacturers to pre-install open-source software suites in
| personal computers.
| The five companies are SVOA, D Com, Synnex (Thailand), IT Bakery and Powell
| Computer.
| Nectec's director Pansak Siriruchatapong said Nectec was developing and
| customising open-source software suites for the local-brand PC companies,
| including the operating system Ubuntu Linux and applications such as Open
| Office, Firefox Web browser and Thunderbird e-mail software.



Thailand: Egat turns to open source to cut costs

,----[ Quote ]
| There are 7,000 PC units based on Open Office or 70 per cent of all 12,000 PC
| units in the organisation.

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