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On Wed, 18 Mar 2009 17:43:01 +0000
Tom Potts <tompotts@xxxxxxxxxxxxxxxxxxxx> wrote:
> Sorry Neil I've lost the thread on this one - do we need to contact our MEP's
> about this?
> Tom te tom te tom
See the blog entry and initial comment:
http://www.linux.codehelp.co.uk/serendipity/index.php?/archives/162-If-the-law-is-inconvenient,-unelected-bodies-just-change-the-rules.html
"making a written submission may help point out that the European
Patent Convention prima facie disallows software patents.
The real win would be a statement that a software program cannot
infringe a patent claim, because the a computer program is not an
invention in the terms of the EPC."
MEP's are certainly worth notifying, I doubt they'll like the idea that
the EPO is trying to "clarify" the rules without seeking any input from
the elected representatives.
The main point is to raise awareness, it'll take a reasonable amount of
background knowledge to make a written submission to the EPO.
The key point is to get the EPO to understand that software is simply
excluded from patentability by the European Patent Convention.
http://www.epo.org/patents/law/legal-texts/html/epc/2000/e/ma1.html
(1) European patents shall be granted for any inventions, in all fields
of technology, provided that they are new, involve an inventive step
and are susceptible of industrial application.
(2) The following in particular shall not be regarded as inventions
within the meaning of paragraph 1:
(a) discoveries, scientific theories and mathematical methods;
(b) aesthetic creations;
(c) schemes, rules and methods for performing mental acts, playing
games or doing business, and programs for computers;
(d) presentations of information.
It's all there, "programs for computers".
Software involves mathematical methods (algorithms), schemes, rules and
methods for playing games (just how big is the market for computer
games just now?) doing business (standards, protocols, file formats,
filesystems etc.) and programs for computers.
Yet, despite agreeing to this, the EPO think that a website is
can cover 20 patentable areas: http://webshop.ffii.org/
1. Webshop: Selling things over a network using a server, client and
payment processor, or using a client and a server - EP803105, EP738446
and EP1016014
2. Order by cell phone: Selling over a mobile phone network -
EP1090494
3. Shopping cart: Electronic shopping cart - EP807891
4. [CDs] [Films] [Books]: Tabbed palettes and restrict search -
EP689133 and EP1131752
5. Picture link: Preview window - EP537100
6. Get key via sms: Sending key to decrypt bought data via mobile
phone network - EP1374189
7. View film: Video streaming ("segmented video on-demand") -
EP633694
8. Copy protection: Encrypt file so it can only be played on
authorised devices - EP1072143
9. Credit card: Pay with credit card on the Internet - EP779587
10. Adapt pages: Generate different web page depending on detected
device - EP1320972
11. Request loan: Automated loan application - EP715740
12. Secure card payment: Secure online credit/debit card payment with
PIN code - EP1218865
13. Send oers: Send oers in response to request - EP986016
14. Delivery: Ship items to the correct pick-up point of the used
delivery service - EP1181655
15. Support system: Support system based on answers to questions -
EP915422
16. Preview chapters: Use of TV as metaphor for selecting different
video fragments - EP670652
17. Image: Reduce page loading time by automatically reducing image
quality - EP992922
18. Related results: Show related results if customer likes the
current ones - EP628919
19. Rebate code: Allow rebate codes to be entered by customers -
EP929874
20. Web-to-Print: Generation of prepress formats or printouts from
low resolution templates via the Internet - EP852359 and EP1169848
The whole thing is plain stupid.
http://ffii.org/
http://stopsoftwarepatents.eu/211000297544/
--
Neil Williams
=============
http://www.data-freedom.org/
http://www.linux.codehelp.co.uk/
http://e-mail.is-not-s.ms/
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