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