Re: [Patents] Nasty move from MicroSoft

[Hartmut Pilch <phm@a2e.de>]

> This procedure, to be able to patent something which has been in common
> use for many years is possible with the US "first to document" or what
> it's called.

"first to invent"

> In Sweden and rest of Europe (I think) it is not possible to patent
> something which is already well known. Here we have first to file, so
> you can avoid this nasty effect.

"first to file" has its own drawbacks, as can be seen fron the "novelty
grace period" debate.  The EP voted (against our recommendations) for
a provision that recommends the novelty grace period.  Mixing novelty
grace period and first-to-file is about the dirtiest possible solution,
but even then, none of these variants really make a big difference.  It's
all a nulsum game of tweaking here and there in a broken system.

The "first-to-invent" principle usually doesn't allow people to patent
something which they "invented" 25 years ago.  So there is more at fault
in this "nasty move" than the "first-to-invent" principle.

-- 
Hartmut Pilch, FFII & Eurolinux Alliance              tel. +49-89-18979927
Protecting Innovation against Patent Inflation       http://swpat.ffii.org/
290,000 votes 2000 firms against software patents    http://noepatents.org/