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On Friday 11 February 2005 10:08 am, Henry Bremridge wrote:
Like I said, a whole can of worms. But, this discussion is about software patents. Grant.Yes, this is about software. But if the patent system is changed, any change will affect ALL patents.
Exactly, thanks Henry. That is the problem with these workshops, the Patent Office are going to take all kinds of submissions on what 'technical contribution' means and then throw them back at us with examples of existing patents in areas we cannot be expected to understand in detail (like biomechanics or robotics, electrical engineering or car design) saying that the change invalidates an existing patent in another field. It's a difficult decision about whether to attend these things or whether, in fact, they are attempting to manipulate us as pawns in their game.
Therefore the key is what should a patent be for? How can the system be changed?
Comments are flying around about "patent law experts have been working on this for years and the EU Council version of the Directive is the best we've got. Let's see if others can come up with something better in about a week." This is not going to be easy. The reason the experts haven't come up with something better has a lot more to do with their intended GOALS than it does with their skill. Better is relative and we do need a new direction (which they will see as inferior by their perspective). The chance is that by persuading the *political* forces of the viability of an alternative, the civil servants will be required to change their objectives to fit the new political model. That's why Lord Sainsbury is absolutely key - as are the MEP's. Don't get dragged to far into the technicalities (sorry for the pun), we must still concentrate on the political solution because there IS UK case law that undermines the opposition to software patents and that can only be corrected by the legislative process. We need a new directive that overrules the UK case law - this is not unusual, case law is made according to the law at the time of the decision. There's nothing stopping the parliamentarians from changing the law in the light of a judicial decision to prevent such decisions being made in the future. -- Neil Williams ============= http://www.dcglug.org.uk/ http://www.nosoftwarepatents.com/ http://sourceforge.net/projects/isbnsearch/ http://www.neil.williamsleesmill.me.uk/ http://www.biglumber.com/x/web?qs=0x8801094A28BCB3E3
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