Comments on: How (Not) To Get Rid Of Software Patents

By: The Parallel Universe of Patent Lawyers | Techrights

The Parallel Universe of Patent Lawyers | Techrights — Sun, 25 Sep 2011 16:16:38 +0000

[...] Pirate Party (sponsored in part by patents-loving company) is once again cited for support. Quoting the post: After that the debate on software patents died down. A conference organised by the European [...]

By: zoobab

zoobab — Fri, 23 Sep 2011 13:07:01 +0000

“are capable of industrial application”

Capable of industrial application traditionally means “production of material goods”.

Software is in itself immaterial, thus not capable of “industrial application”.

By: zoobab

zoobab — Fri, 23 Sep 2011 13:03:50 +0000

“A conference organised by the European Patent Office and held in Brussels on July 05, 2007, under the title “Computer-implemented inventions: where do we stand in the debate on ‘software patents’?” made perfectly clear that nowhere any intentions were living to re-start the legislative process to have a sectoral Directive on patentability of CIIs.”

So the EPO decides on its own whether to restart a legislative initiative or not?

I was at this conference, as you were, and I can tell nobody never asked the audience if they were in favour of a new proposal

By: Axel H. Horns

Axel H. Horns — Tue, 20 Sep 2011 20:44:23 +0000

Well, never underestimate the minorities. In this case, it looks as if this group might be more permanent …

By: lena

lena — Tue, 20 Sep 2011 19:21:41 +0000

I would think you overestimate the importance of this phenomenon. Sure enough, young people do not identify with the established parties and vote for such groups, but before long, they will see that they cannot deliver either. In Italy the Cicciolina was elected to the Italian parliament in 1987. Where is she now? Voting for such groups may be funny for some time, but I would really be surprised if this lasted. Well, we’ll see …

By: Gibus

Gibus — Mon, 19 Sep 2011 07:05:04 +0000

May I respectfully object that a ban of data-processing patents would be contrary to TRIPs Art. 27. This has been discussed long ago , and, as with any legal provision, there is always a way to interpret the law to meet political will. That's what the EPO already do by interpreting Art. 52.2.c EPC to not prohibit patent on "technical" softwares. For Art 27 TRIPs, enough is to define data-processing as not belonging to a field of technology.

By: Karl-Friedrich Lenz

Karl-Friedrich Lenz — Mon, 19 Sep 2011 01:15:55 +0000

One might also mention that the German Constitutional Court sees patents and copyrights as such as “property” under Article 14 of the Constitution, so the Pirates would actually need a majority of two thirds in both Houses to abolish patents altogether, and possibly even for large-scale restrictions.

In contrast, TRIPS is not ever so important, since it lacks effective enforcement. There are lots of cases where policies incompatible with WTO are upheld even after WTO panels said so. One such case in the field of IP would be DS 160 (United States, Section 110 of Copyright Act), where the WTO ruled agains the United States over ten years ago.