Re: [Patents] newsscan: Software patent limits 'go too far'

[Rui Miguel Seabra <rms@1407.org>]

On Wed, 2003-10-22 at 22:21, Jean-Baptiste Soufron wrote:
> Software is not patentable but there are exceptions.

There are no exceptions. Art. 52.2.c) says computer programs are not
inventions.


>  The problem is that
> EPO has extended the scope of these exceptions to such a level that they
> now appears to cover barely everything. Remember that a patent
> registered by EPO is not necessarily valid... it's just registered but
> it can be invalidated in court. 

All studies point to an expensive process of invalidation with uncertain
results. Since in software hundreds of thousands of ideas can be at
stake, you should multiply those expenses for every possible patent you
may have unintentionally tripped into.

> But well... we were with a paradox : software patents are forbidden
> except some exceptions but the exceptions became so big that it reversed
> the principle. 

Which exceptions, please carefully detail them.

> Then, the new law was supposed to clear things up... first by allowing
> software patents... then, thanks to the free software activits, by
> remembering and clarifying the old principle.

I have seen lots and lots of non-free software development companies 
fighting against software patents, because it hurts them just as well.

> But, the exception is still here! So what will the EPO do and how will
> courts react?!? We still don't know. 

I still don't know which exception are you talking about. There has been
an intentional polluting of the meaning of Art. 52 in order to be able
patent everything. That article need reaffirming, that's all.

> Don't take it wrong but I just want to show that the party is not over
> at all. 

Of course not. We now have to help defend the current directive proposal
as emended by the European Parliament, which only now achieves the
stated goals.

Rui
-- 
+ No matter how much you do, you never do enough -- unknown
+ Whatever you do will be insignificant,
| but it is very important that you do it -- Gandhi
+ So let's do it...?

Please AVOID sending me WORD, EXCEL or POWERPOINT attachments.
See http://www.fsf.org/philosophy/no-word-attachments.html

Attachment: signature.asc
Description: This is a digitally signed message part