Re: [Patents] Re: [Free-sklyarov-uk] Reply from Arlene McCarthy MEP

[Hartmut Pilch <phm@a2e.de>]

> > Furthermore, the amended directive contains new provisions on 
> > decompilation
> > that will assist software developers.

This is the same lie which A McCarthy already told the Guardian.
The decompilation provision is neither helpful nor is it new: it was not
inserted by AMcCarthy but by CEC.  All AMcC did was to narrow it down
further.

> > While it is not possible to comment on
> > whether any patent application would be excluded from the directive, the
> > directive, as amended, would not permit the patentability of Amazon's
> > 'one-click' method.

Again a lie.
Amazon One Click Shopping is indisputable a computer-implemented invention
according to the directive, and there is nothing, neither in the original
CEC text nor in the amendments, that could make it unpatentable.
If Amazon One Click is not patentable, then simply due to lack of novelty.
But the novelty requirement was not introduced by this directive.

All the directive does is to state that the "technical contribution" (i.e.
the claimed improvement of computing efficiency which can be constructed
for any business method, including Amazon One Click) needn't be novel (it
needs only be "part of the inventive step").

-- 
Hartmut Pilch, FFII & Eurolinux Alliance              tel. +49-89-18979927
Protecting Innovation against Patent Inflation       http://swpat.ffii.org/
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