D&C GLug - Home Page

[ Date Index ] [ Thread Index ] [ <= Previous by date / thread ] [ Next by date / thread => ]

Re: [LUG] Software Patents

 

On Monday 01 August 2005 7:04 pm, Neil Williams wrote:
> The bill is dead but the UKPO and EPO are still allowing their own
> interpretation of case law that has already led to tens of thousands of
> software patents. The fight is far from over.

Some interesting news on UKPO/EPO case law interpretations:

26 July 2005 -- In a recent court ruling at the highest court of the
   UK, a software patent was rejected on the basis of Article 52 EPC with
   reasoning that criticises current doctrines of the European Patent
   Office and rejected directive proposal from the Commission and Council
   and demands a "harder" exclusion of software.

From the judgement:

35. The same approach cannot be taken to computer programs. The
    reason why computer programs, as such, are not allowed to be
    patented is quite different. Although it is hotly disputed now
    by some special interest groups, the truth is, or ought to be,
    well known. It is because at the time the EPC was under
    consideration it was felt in the computer industry that such
    patents were not really needed^[14]

   http://www.bailii.org/ew/cases/EWHC/Patents/2005/1589.html#note14

   were too cumbersome (it was felt that searching the prior art
   would be a big problem

   http://www.bailii.org/ew/cases/EWHC/Patents/2005/1589.html#note15,

   and would do more harm than good

   http://www.bailii.org/ew/cases/EWHC/Patents/2005/1589.html#note

Some good news!! (Someone in the court system understands!)


Comment by James Heald (FFII)

   This could be sharper: I'd like to have seen it more closely related
   to the EPC. I like the stress that this should be a tightening of
   procedure, not a relaxation. But of course it doesn't work if it
   allows the definition of what is technical to slip, and therefore what
   sort of contribution can be considered technical. "Technical" must be
   held to mean something beyond the functioning of a programmed
   computer, and characteristics which only relate to that functioning.

   Interesting, if it can be read as a UK attempt to "embrace and extend"
   the EPO doctrine - ie constructively engage with the formalism, but
   simultaneously give it a much less permissive application, and hope
   that the shift will percolate back to Munich.

-- 

Neil Williams
=============
http://www.data-freedom.org/
http://www.nosoftwarepatents.com/
http://www.linux.codehelp.co.uk/

Attachment: pgpBUKI281e6X.pgp
Description: PGP signature