[Patents] MP3 Licensing Policy

[Jean-Jacques de Jong jjdj@free.fr]

Pierre BREESE a écrit :
>
> > phm wrote :
>
> > As I understand this, a method is covered, which can be implemented
> > in software as well as hardware.  Such methods are, according to a
> > strict interpretation of the existing laws, not enforcable against
> > software implementations (i.e. 'software as such').  But the
> > lawcourts do not adhere to this strict interpretation.
>
> Sorry, but you are wrong.
> ...
> A national law court has no possibility to revoke a European patent on
> basis of a local ground, not included in EPC, or on a local reading of
> the EPC. The law court has to apply the EPO practice for evaluate the
> validity of a claim concerning a software invention.
>
> If such a claim has been granted, their is no reason (except of lack
> of novelty, inventiveness or incomplete description) that a local
> court will revoke such claim.
>
 
This is far too theoretical. The national courts are NOT bound by the
EPO case law - they may very well interpret the "as such" exclusion
differently, to the extent that they may invalidate a software patent
granted by the EPO. This has been the case in the UK, where the Courts
are hostile to software patents.

JJJ