Greve: FSFE statement at WIPO SCP/13 re/exceptions and limitations
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Started by: zoobabzoobab
Date: 30 Mar 2009 16:26
Number of posts: 1
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The “three step test for inclusion in the patent system” should therefore be based on demonstrated market failure to provide innovation, demonstrated positive disclosure from patenting, and effectiveness of the patent system in the area to disseminate knowledge. Software fails all three tests, for instance, as innovation in the IT industry has been dramatic before the introduction of patents, there is no disclosure value in software patents, and patents play no role in the diffusion of knowledge about software development. FSFE understands that the secretariat worked hard to provide a conclusive report on the issues according to its mandate to provide a report on exceptions and limitations. Unfortunately the result is a report in which some exceptions from the patent system have been excepted, specifically cases where the exception from the patent system is based on a different view of patentable subject matter, such as software under article 52 of the European Patent Convention.
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