Re: [Patents] No swpat has ever been upheld in a UK court ?

[PILCH Hartmut <phm@a2e.de>]

> >Presumably the anti-blocking system for anti-lock braking was upheld 
> >in Germany ?
> 
> Yes: http://swpat.ffii.org/papiere/bgh-abs80/

Note however that 

(1) this isn't an enforcement case.
(2) the patent went back to the Federal Patent Court, which then revoked it
    for lack of inventive step (in a technical field).

The anti-lock braking claims, if upheld and enforced, would not have covered
standalone software but only a system involving the brake.

There have of course been cases later (after 1991) where the Federal
Court of Justice (BGH) moved toward and sometimes even beyond the EPO in
allowing software and business method patents.  Also, an swpat has been
asserted against a telephone company in infringement litigation.  But
the situation is quite unclear and moving.  The BGH judges have noticed
that their experiments of the 90s are not as universally perceived as 
"progressive" as it seemed in the 90s, when only patent lawyer journals
reported about them and enthusiastically applauded.  Also, the judges
have noticed that their new caselaw produces lots of junk patents.  Therefore
they are looking for ways to "row back" in one or the other way, and the
presiding judge has condemned both the COmmission's directive and the
Council text in very strong and clear words.