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Problems will arise if your invention comprises a computer program or method for doing business. Where it is solely in relation to it computer programs or business methods it will not be regarded as an inventions. However, do not lose all faith as patent protection can be obtained for inventions implemented by computer programs. As lawyers we need to ask whether the invention makes a technical contribution to what is already known in that field. A patent is unobtainable if the only inventive step relates to matter which is excluded from patent protection, such as a computer program.
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by: 1222509460|%e %b %Y, %H:%M %Z|agohover |
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The staff complaints were addressed to EPO president Alison Brimelow and its council president Roland Grossenbacher. "Ms Brimelow, Mr Grossenbacher: stop decentralising EPO tasks, stop ruining the quality of granted patents, stop distorting the system away from the interests of real innovators towards the interests of the most aggressive international players and perhaps a few Anglophone patent attorneys, stop opposing the Lisbon agenda, stop frustrating the EPO staff," said Jacobs. "Become aware of your real task: serve the European consumers, universities, SMEs and all real innovators, gear the EPO to the EU, support and facilitate the introduction of the community patent, allow your staff to proudly serve Europe and its citizens."
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by: 1222353512|%e %b %Y, %H:%M %Z|agohover |
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One of the causes of so many bad patents getting approved lately is screwed up incentives in the patent system. For a while, the US had a de facto system where agents were pushed to approve a patent when in doubt. That's because they were judged on how many patents they went through -- and if they rejected a patent, the applicant could complain and ask for a review -- meaning that the examiner would have to spend more time reviewing that same patent again, decreasing the number of patents they had gotten through, potentially harming their "stats." Thus, it's often easier to just "approve."
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MP3 has been an enormously successful case of software patent; but it is perhaps just one among the handful of such hugely successful ones!” Prof Sadagopan adds: “Many of us would like a moderate regime, where algorithms are not patented; of course, there must be some protection available for unusual algorithms and implementations that have immediate product implications (like MP3).”
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52 US patent applications published on 25 September 2008 and assigned to Microsoft. 20080235807: File System Operation and Digital Rights Management (DRM); 20080235802: Software Tamper Resistance Via Integrity-Checking Expressions; 20080235801: Combining assessment models and client targeting to identify network security vulnerabilities; 20080235791: System and Method for Distributed Module Authentication
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Today is World Day against Software Patents, apparently: Three years ago the European Parliament stopped the attempt to make software patents enforcable in Europe. An unprecedented community effort made it possible with a relative low awareness about the dangers among larger software companies. Since then litigation and patent traps have become a serious problem for the market and users of software. We need to reduce patent risks which impede innovation and investment.
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by: 1222352620|%e %b %Y, %H:%M %Z|agohover |
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Today is No Software Patents Patents day. I go both ways on software patents. As a business owner I like the idea of asserting an “unfair advantage” over my competitors by coming up with some super duper patented idea that completely locks in my market. As a software engineer I grow concerned at the land grab tactics of some companies. As a member of the world community I grow concerned at WIPO’s and latterly GATT’s attempts to enforce patent law globally over countries who are coming late to the patenting party.
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by: 1222352477|%e %b %Y, %H:%M %Z|agohover |
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The Government of New Zealand is proposing a set of amendments to the national patent law, none of them clearly mentions the exclusions of software from the field of patentability. The Government claims that Free Trade Agreements and other international treaties requires software patents in New Zealand.
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A global coalition of more than 80 software companies, associations and developers has declared the 24th of September to be the "World Day Against Software Patents".
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Millionaire Nathan Myhrvold, renowned in the computer industry as a Renaissance man, has a less lofty message for tech companies these days: Pay up. Over the past few years, the former Microsoft Corp. executive has quietly amassed a trove of 20,000-plus patents and patent applications related to everything from lasers to computer chips. He now ranks among the world's largest patent-holders -- and is using that clout to press tech giants to sign some of the costliest patent-licensing deals ever negotiated.
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by: 1222276849|%e %b %Y, %H:%M %Z|agohover |
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Veteran European anti-software patent campaigners have launched the World Day against Software Patents. They say, "The issue of software patents is a global one, and several governments and patent offices around the world continue to grant software & business method patents on a daily basis; they are pushing for legal codification of the practice, such as currently in New Zealand and India. We declare the 24 September as the World Day Against Software Patents, in commemoration of the European Parliament First Reading in 2003 with amendments stopping the harmful patenting of software, guaranteeing that software programmers and businesses can safely benefit from the fruits of their work under copyright law."
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by: 1222265671|%e %b %Y, %H:%M %Z|agohover |
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The Adobe's position on software patents seems to have changed since 1994. Or maybe the current one is influenced by the patent department?
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by: 1222262755|%e %b %Y, %H:%M %Z|agohover |
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We want to overcome the software patent crisis. We raise awareness about their devastating effects on the emerging information and knowlege society where software predominates and we make our constructive reform proposals heard. But without your support there would be no way to succeed. Please sign the online petition.
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by: 1222259679|%e %b %Y, %H:%M %Z|agohover |
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ICT standardisation is facing an increased impact from the inclusion of "patented" technologies in ICT standards and specifications which raises a number of questions to be addressed. For ICT standardisation to continue its role as a major instrument to support competitiveness, to increase interoperability and to respond to industry expectations and societal needs, an adequate balance has to be found between the need for standardised approaches and the interests of IPR owners. Standards developing organisations should be able to implement effective IPR policies while respecting the requirements of competition law.
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The Adobe's position on software patents seems to have changed since 1994. Or maybe the current one is influenced by the patent department?
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by: 1222246239|%e %b %Y, %H:%M %Z|agohover |
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The Free Software community feels that patents will make a backdoor entry, courtesy this manual and that ongoing public consultation (by the Patent Office) does not take their voices into account. Mr. Abraham says: “We feel that the powerful software lobbies around are pushing for this clause. If allowed, it will affect the basis of innovation, and will in turn affect the industry.” While the Bangalore consultation was “postponed indefinitely,” the Patent Office in its Delhi meeting said this issue called for an “exclusive meeting with the software industry.”
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Half of the patent applications are filed by only 3% of the applicants. Which means that at least half of the patent applications are filed by large corporations.
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by: 1222199092|%e %b %Y, %H:%M %Z|agohover |
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Does it make sense for an Internet start-up like Alice to file for patent protection? In the good old days of online business method patents (when the PTO was issuing patents like Amazon’s One Click) the answer was a resounding YES. Today I’m not so sure.
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The Patently-O blog mentions that the judgment on the Bilski case will be published in October. Chief Judge Michel said: "I think it will be a very significant decision. It probably will have broader scope than either In re Comiskey or In re Nuijten".
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EPO examiners were asking for the demission of the President of the EPO, Alison Brimelow. Very vew examiners believes she is doing something to tackle quality problems of the EPO. EPO does not stand anymore for quality patents, but for progress (bars) and profit.
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