Re: [Patents] Computer Based Testing Patents

["Nick Fleming" <Nick@bigfatpanda.fsnet.co.uk>]

> (europa.eu.int/comm/internal_market/ en/indprop/comp/appendix44.pdf)

if anyones having trouble getting the pdf file the correct url is

http://europa.eu.int/comm/internal_market/en/indprop/comp/appendix44.pdf

.. and for those of you with broken pdf readers.. the 
bit Katherine is refering to (i believe is..) :

"A Computer based testing system comprising 
a test develoment system for creating a 
computerised test havinga number of questions 
to be answered by an examinee, a plurality of related
test screens containing messages and directions 
providing information for the examinee, and a 
computerized test script defining rules for 
determining a sequence of questions and related 
test screens to be presented; a workstation operable 
to resent the questions to at least one said examinee and
operable to accept examinee responses to the
questions so presented; and a test delivery system 
operatively coupled to both said test development 
system and said workstation for delivering said computerized
test by presenting the questions and related test 
screens according to the rules defined by the 
test script to each said examinee on said workstation."

> Can anyone clarify the current situation in Europe about software 
> patents, for example does anyone know of an instance where the holder of 
> a software patent has instigated litigation against infringers, and if 
> so, what the outcome was...
> 

What I think you really want to know is.. Am I likely to get sued
if I go ahead with this ? With the way things they are now.. 
probably.. if not now.. then somewhere within the next 20 years
you might. The reason ??.. "Submarine patents".. those whose 
owners only notice they have them 18 years into the patent
lifetime (despite having paid the fee's regularly for them.. I don't
understand that bit.. surely accounting would have said something??).

So your best defense is to check the patent databases.. and where
possible.. find prior art.. and then just "hope" that you don't
infringe. Given the size of the patent databases though.. its quite
possible you will miss a patent in your search.. so there are
no guarantees there either.

..does this sound a bit hit and miss ?? It is.. and I guess that
sums up the state of the patent system. I suspect a *lot* of
firms will carry on regardless and not bother checking the
patent system where possible.. the end result is the same
anyway.. you still won't know if you're in the clear.. which
sort of makes the patent system a waste of space really yes ?

Regards,

Nick Fleming.