Re: EU Unveils 'Tougher' Software Patent Proposal

[PILCH Hartmut <phm@a2e.de>]

Bolkestein is actually proposing that any "computer-implemented" idea
"belongs to a field of technology" and is a patentable invention.  I.e. he
is adopting the most radical approach yet proposed by the EPO, according
to which "all practical problem solutions" are patentable.

Moreover, ccording to the EC/BSA definitions, Amazon's One Click patent
would not only be a "patentable invention" but would also conform to the
gibberish about "technical contribution in the inventive step", since
computer programs per se belong to a field of technology and the
contribution lies in using the mouse in a certain way.

Looking at the EC press release, we also find that they in fact give no
example of anything novel and non-obvious that would not be patentable.
Their examples of patentable inventions are only consensus examples where
the innovation lies in the forces of nature.

Bolkestein is deceiving the public, or he is clueless himself.

Unfortunately this is a very normal offense.  It is also how most
online journalists behave.  They put their name behind statements which
they can not stand for.

Please look to more in-depth documentation and analysis of the
deceptive maneuvers of European Commission, BSA and other big software
pirates under

        http://swpat.ffii.org/vreji/papri/eubsa-swpat0202/

> ------ Forwarded Message
> From: Ari Ollikainen <Ari@OLTECO.com>
> Date: Wed, 20 Feb 2002 12:26:25 -0800
> To: farber@cis.upenn.edu
> Subject: EU Unveils 'Tougher' Software Patent Proposal
>
> EU Unveils 'Tougher' Software Patent Proposal
> Wed Feb 20,12:42 PM ET
>
> By David Lawsky
> http://story.news.yahoo.com/news?tmpl=story&cid=581&u=/nm/20020220/tc_nm/tech_eu_software_dc_3
>
> BRUSSELS (Reuters) - The European Commission (news - web
> sites) on Wednesday unveiled a new approach to software
> patents, which a top Commission official said would draw
> U.S. criticism as it would mean tougher criteria in Europe
> to grant a patent.
>
> The proposal, which would standardize a variety of software
> patent rules across the 15-member bloc, requires that
> software contain new ideas to qualify for patent protection.
>
> Also, patents would apply only when software is loaded in a
> machine or operating system, not when it merely sits on a
> shelf.
>
> Commissioner Frits Bolkestein, whose Internal Markets group
> oversaw the new proposal, said the proposal differs from the
> U.S. approach, which permits patents for software
> independent of machines and does not necessarily require
> fresh innovation.
>
> "We will take American complaints on the chin," he
> predicted.
>
> [ snip ]
>
> The Parliament and EU member states must agree on the final
> wording before it can take effect.
>
> An official for the Business Software Association's Brussels
> office expressed dismay at the proposal.
>
> "It departs from what we had hoped to see," said Francisco
> Mingorance, director of European Public Policy for the
> U.S.-based association, to which Microsoft Corp is a heavy
> contributor. He said that the proposal would increase the
> costs to software firms seeking to protect intellectual
> property.
>
> Microsoft, which makes the operating system software used on
> nearly all personal computers and dominates the market for
> PC word processors, had no immediate comment on the
> proposal.
>
> ---------------------------------------------------------------------
> Dilbert's words of wisdom #18: Never argue with an idiot.
> They drag you down to their level then beat you with
> experience.
> ---------------------------------------------------------------------
> OLTECO                    Ari Ollikainen
> P.O. BOX 20088            Networking Architecture and
> Technology
> Stanford, CA              Ari@OLTECO.com
> 94309-0088                415.517.3519
>
> ------ End of Forwarded Message
>
> For archives see:
> http://www.interesting-people.org/archives/interesting-people/
>
>