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IAM has published a recent article titled "Meet the middlemen" over what they call new business models for making money out of IP. Patent trolls might be a simpler term. The article concludes that the ongoing reform in the US is not gonna change anything.
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The Foundation for a Free Informational Infrastructure (FFII) and IP Justice filed an Amicus Curiae Brief to the U.S. Supreme Court. The case Bilski v. Kappos is expected to become a landmark ruling on the future of the U.S. patent system. The joint Brief explains the interlink of software and business methods, and points out alternatives to the so called Machine-or-Transformation test used for categorizing patents.
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In its Amicus Brief to the US Supreme Court on the Bilski case, IBM is arguing that "patent protection has promoted the free sharing of source code [...] which has fueled the explosive growth of open source software development."
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A journalist of WorldIPReview recently asked FFII what were its views of the proposed United Patent Litigation System (UPLS), which is now being questioned by the Council in a submission to the ECJ. FFII had already published a press release mentioning the new push for software patents in Europe via a centralised and trusted court.
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By reading the Amicus Brief of IBM to the CAFC, it is pretty clear that the machine tranformation test which allows software patents and ban business method patents was invented by IBM lawyers.
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The US Supreme Court will soon hear Bilski on why software and business method patents are so good for the US economy. I was trying to find out where the Bilski's pending patent application was published, and I ended up writing to the new USPTO President and ex-IBM David Kappos. I finally got an answer from a USPTO official that the Bilski's pending patent application cannot be seen by the public.
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In its edition of IP Value 2007, the Intellectual Asset Magazine (IAM) was publishing an article about the Reform of European Patent System, where an expert mentions that the push for the EPLA is coming from the pro-software patents lobby.
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Alberto Barrionuevo, CEO of the small spanish software company OpenTIA and ex-president of the FFII, had submitted an amicus brief to the Enlarged Board of Appeal in spanish. The European Patent Office has notified him that they are refusing his letter because it was not written in one of the 3 official languages of the EPO.
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The European Commission is pushing for software patents via a centralised trusted patent court that would be created with the United Patent Litigation System (UPLS), an international treaty that would remove national courts. This court system would be shielded against any review by the European Court of Justice (ECJ). Thus patent judges would have the last word on software patents.
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The European Commission is organising a conference dedicated to "Make IPR work for SMEs" next Monday in Brussels. You can here submit your questions for next Monday on how to "Make software patents work for SMEs".
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Last Wednesday, farmers and software developers were demonstrating in Munich in front of the European Patent Office. Richard Stallman was describing the European Patent Office as a "corrupt and malicious organisation which should not exist".
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After years of confidential work, the European Patent Office (EPO) and the Foundation for a Free Information Infrastructure (FFII) today announce a radical way to improve software patent quality: Binaries-As-Prior-Art, or BAPA. BAPA combines a database of billions of compiled computer programs ("binaries") with a powerful Cloud search engine that can find any invention in microseconds.
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In this article we revisit the historical 2005 Software Patent Directive, the most heavily lobbied European law ever, and look at Red Hat's public policy statements regarding this law. Our conclusion: Red Hat Instead, they endorsed the propaganda term "Computer Implemented Invention" and they lobbied for amendments that would legislate for, not against, software patents across Europe where the letter of the law still forbade them.
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US Patent 7453593 claims command-line processing by a web server of SOAP requests, resulting in XML responses, from and to a remote client. The HTTP Common Gateway Interface (CGI) operates precisely as described in Claim 1. If you POST a SOAP document and return an XHTML response or a SOAP document, this infringes on Claim 2, since both XHTML and SOAP are XML languages. This patent thus claims to own the processing of SOAP documents by CGI programs.
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Brussels, 17 March 2009 -- At the highest level of the European Patent Office (EPO), the legality of software patents in Europe is about to be tested. The FFII warns that the European Parliament is being bypassed by allowing a decision with EU-wide implications to be made without its involvement or any real debate.
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The Council seeks to legalise software patents with the Community Patent, says Mr Pellegrini, ex-advisor of Michel Rocard, former MEP and rapporteur on the rejected software patent directive. The ultimate goal of this move is to create central caselaw on software patents by a specialized patent court.
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Shefali Sharma wrote a EED report in which she highlights the role of Trade Agreements for the subversion of democratic decision making over IPR laws.
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The council of ministers in Belgium has decided last 23rd of May to proceed with the ratification of the London Agreement, in order to scrap the requirement for translations of patents granted in Belgium in Flemish.
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The OGG Theroa Licence contains some provisions on patent licensing. On2, the owner of the patent, basically waive its rights to enforce the patent.
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According to a leaked document authored by the European Commission DG Trade, the secret ACTA treaty will reopen the debate on the liabilities of Internet Service Providers (ISPs) over content, as well as trying to achieve criminal sanctions in the EU under the French Presidency Sarkozy. ACTA will also copy/paste harsh provisions of the Fourtou directive, which allow freeze of bank accounts for suspected patent infringements.
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