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"The invention was almost certainly made at a much earlier stage in the creative process, before any computer program had been written (or flowcharts generated) with a view to implementing the invention." Just because you don't have the idea within the computer (who can?), the idea is automatically patentable because the idea is not software, software is just the expression of that idea. Therefore all human ideas can be patented if they have an industrial application and ergo software patents are OK with the UKPO. Absolutely sickening. http://www.patent.gov.uk/patent/legal/decisions/2006/o05706.pdf There is now no barrier at all. The objections have been simply ignored and the UKPO has a workaround catch-all that both enables them to say they don't allow software patents and at the same time allow every software patent application that includes a claim that the idea preceded the creation of the software implementation. "a patentable invention is new and non-obvious information about a thing or process that can be made or used in industry". INFORMATION ABOUT A THING!!???? This orange is orange in colour. I can use that information in advertising. Stick my orange drink in an orange box! WOW! I'll patent my discovery of the information. Duh! "There is no doubt that the invention as claimed would involve a computer program for its implementation; the applicant also says that this is the case. But as CFPH indicates, that does not establish, in and of itself, that the invention is not patentable," the UKPO representative explained. It's worse than the USA system. The actual patent is for Sun's Java bytecode, the patent on which has now been upheld in UK law by the UKPO. (Note: not by any elected person, by the unelected, unaccountable United Kingdom Patent Office who, needless to say, have a clear incentive to get more patents on the books.) Democracy? What's that? -- Neil Williams ============= http://www.data-freedom.org/ http://www.nosoftwarepatents.com/ http://www.linux.codehelp.co.uk/
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