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Re: [LUG] If anyone was in any doubt

 
On Friday 08 April 2005 8:39 pm, Neil Williams wrote:

After a recent thread here about the dangers of software patents to "pure
software", this has cropped up on one of the mailing lists discussing the
computer implemented directive.

I've added links to the actual patent documents by using a pattern match -
apologies if any don't actually work, but they should.

Since word processing is an often used example, this list of
granted patents may be handy (by Carsten Svaneborg):


To start you off, this one IS in force:


EP0262804 Data input and processing apparatus having spelling-check
function and means for dealing with misspelled word.
http://swpat.ffii.org/pikta/txt/ep/0262/804/


That one isn't on that section of FFII yet.
http://swpat.ffii.org/patents/stats/index.en.html#method

Applicant/Proprietor
   BROTHER KOGYO KABUSHIKI KAISHA,
Patent Granted with effect from 29.04.1992 
Date Next Renewal Due  01.09.2005

          Status                 PATENT IN FORCE

but not (yet) legally enforceable.

That's just one.

Searching via Google brings up:
http://gauss.ffii.org/PatentView/EP262804
http://patent.tange.dk/ziki/EP/2/6/EP262804.html

When reading a patent description, remember these key points:

The Abstract and Description are there to mislead you.

Only the claims matter.

If it is described as a typewriter but claimed as a machine, then a keyboard 
can be made to infringe. If it is claimed as a typewriter, then a keyboard 
can still infringe as "contributory" if the entire purpose of the keyboard 
invention was to replicate the effects of a typewriter. (Which is obviously 
true.)

Whether you infringe a patent is decided by *lawyers* not developers, users or 
anyone with any technical or computer expertise. Think as a man on the 
Clapham omnibus would think:

If it looks like a typewriter and it sounds like a typewriter and it can write 
words by typing on it, then it is a typewriter - even if it is a keyboard.

-- 

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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