European Software Patent Horror Gallery

siggifiggi writes "Heise has a news-item about a list of trivial and stupid patents already granted in Europe. The list was created by the Association for the Promotion of a Free Informational Infrastructure." The best one is the patent on controlling one computer from another (which would technically include controlling your computer with a keyboard that had a microchip in it, to say nothing of telnet!

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[Ed Avis]

It is very important to note that these patents represent threats to European software developers in the future, rather than things which have already happened.

The European Patent Convention (EPC) specifically forbids patents on computer programs, but the European Patent Office (EPO) has tried to bend this rule by saying that a computer program with a 'technical effect' is not a computer program 'as such'. This has allowed them to start granting patents on software even though software is clearly excluded by the EPC. So all the computer programs described in this patent horror gallery are considered by the EPO as not being computer programs 'as such'.

However, not everyone agrees with this ingenious new definition. So 'software patents' as granted by the EPO are not necessarily enforceable. But what the EPO is now trying to do is to have the law changed so that they can happily grant software patents without the inconvenience of having to redefine terms used by existing laws. If software is made patentable, all the software patents granted will suddenly become enforceable and leave European companies open to attack.

So it's not too late to do something about this. The European Commission is holding a publi c consultation asking for comments on whether the law should be changed, and many national patent offices are doing the same. (The EPO and EPC are not part of the European Union, but there is an overlapping membership and many countries are waiting for the Commission to make a recommendation.)

Also sign EuroLinux's petition which gives some links for more information about what I wrote above.

Thank God!

[Bob McCown]

Thank God I live in the good old US of A, where we dont have this kind of problem with the patent office....uh...wait, nevermind...

Charge 'em with Fraud

[Greyfox]

You should be allowed to charge filers (And Granters) of patents like these with fraud, because that's really what it is. I bet people would research their patents a lot more thoroughly before submitting them if this was the case, and I bet the PTO would be a lot less likely to rubber stamp them through and let the courts settle things.

Of course best of all is just not allowing patents on software (Or business processes.)

It's not only about article 52 !

[arnim]

Please note that the discussion is not only about article 52 (which prohibits patenting of programs) but also article 33. The basic proposal (page 30) of the conference intends to change it in a way, that the EPO may itself change article 52!

Bernhard Lang writes:

is proposed by EPO, so that it can change the EPC (european patent convention, i.e. the very text under discussion) to put it in agreement with other international treaties. Agreement is of course what the EPO considers as agreement. For example, if EPC 52.2 modification does not pass, but EPC 33 does, EPO could decide that its interpretation of the TRIPS agreement requires to remove EPC 52.2 and allows patenting software, or what else. Given the past record of the EPO, their propensity to bend rules that have been fixed, you can guess what will happen if you give them the right to change the rules according to their own assessment of the situation.

By the way, it is not clear that all countries are aware of what is hidden in the proposed modification of 33. More national lobbying and information has beenshould be done on that issue.

Hope for those learning English in Europe

[AntiPasto]

Quote: Interactive language learning: This covers all digital language learning systems that allow a user to compare his pronounciation of a selected piece of text to the right pronounciation.

Okay class, lets say the phrase we just learned... "I dream of america where my underwear flap is not covered by five simultaneous patents, and where the drugs can come in generic form."

Good class.

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