[Patents] viagra overturned

[Bernard Lang Bernard.Lang@inria.fr]

given the bullshit style used for writing patents...  I have better
things to do with my life than attempting to read them.

I believe that this opposition stuff is a lot of smoke to pretend that
the process is fair and open.

Bernard


On Thu, Nov 09, 2000 at 02:38:15PM +0000, John Smith wrote:
> >I think its interesting because of the reasons the judge
> >gave for invalidating the patent - that it was based on
> >already published PUBLIC DOMAIN work.
> 
> Slight misunderstanding. What Hugh Laddie probably said was that it was 
> based on work IN the public domain, i.e. the patent claimed what was 
> already 
> known or was obvious in view of what was known. This is the major reason 
> patents are found invalid, as I'm sure Greg Aharonian will testify (he 
> makes 
> a living from searches).
> 
> This applies equally to software. IMHO one of the major reasons there are 
> problems with software patents is that the national offices and the EPO are 
> not geared up to search software properly.
> 
> You can do something about this if you come across a European patent 
> application you know is claiming something old. (NB - an application, 
> Hartmut Pilch isn't always very good about distinguishing applications from 
> patents). You can write to the EPO, quoting the application number, and 
> stating you wish to "make an observation under Article 115 EPC". It costs 
> nothing and may be ignored, but at least you've done something positive.
> 
> Of course, if a patent is granted you can file an opposition within 9 
> months 
> and be a party to the proceedings, but we're talking serious money.
> 
> "notobvious"
> 
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