Slashdot Mirror
Euro Software Patents: Stay Of Execution
Mr. Adequate writes: "The European Patent Office finished its diplomatic conference in Munich today. According to the press release, the non-patentability of software will remain unchanged for another year. Then the fun starts again. In the meantime, European Slashdotters could do worse than to voice their concerns to their EU representatives, sign the petition, and of course support the fledgling FSF Europe." The process certainly didn't rule out software patents, just said they're still thinking about it.
You can't do a search for prior art - you'll have to search the entire internet (and more). When searching for prior art, the Patent Office only uses their own database! At least that is what is the practice in Denmark.
Patent's are supposed to give other developers access to your inventions, but have you tried to read a patentdescription? Patents are written in a languange which "only" patent lawyers understand, therefore the average developer will not be able to benefit from the patent databases - they simply don't understand it.
Patents mostly don't benefit the small companies because the big companies often will have a many more patents, which you maybe are using without knowing it. Furthermore big companies has much more money and (probably) better lawyers I would also like to argue about whether a patent on "window display system" would have been good for innovation. What if the World Wide Web, the graphic click-able, interface of the Internet as we know it had been patented? im Berners-Lee who invented it, has said: "If the technology had been proprietary it would never have taken off. The decision to make the web an open system was necessary in order for it to become universal".
For further information, take a look at these links:
The EuroLinux File on Software Patents
Even though software patents mostly isn't possible in Europe, many softwarepatents exists anyway - take a look here and I bet you will be shaking your head: European Software Patent Horror Gallery
SSLUG (Skåne Sjælland Linux User Group) has written a good article here: Software patents - No thanks!
Freepatents.org
Greetings Joergen
We're not really celebrating, just relieved that the situation has not gotten any worse for the time being. The European Patent Convention specifically excludes computer programs from patentability, but a few years ago the EPO decided to ignore this exclusion and start granting software patents anyway.
What they did was to argue that a computer program with a technical effect is not a 'computer program as such' and thus the exclusion does not apply. Of course, any important algorithm or technique can be said to have a 'technical effect'.
So we have the situation where patents are being granted, but possibly illegally. The enforceability of these patents is doubtful. The EPO would like to change the written law so that it matches the creative new interpretation, making software explicitly patentable (and making the patents already granted more likely to be enforceable). Any move to do this has been put on hold pending the European Commission's consultation.
The eventual aim is to reinstate the law as it is written, so that computer programs (whether 'as such' or 'not as such') are not affected by the patent system.
What you can do: reply to the consultation (download the consultation paper in PDF format, you might also want to point out flaws in the accompanying economic study), sign Eurolinux's petition, and contact your national representatives. In some countries (eg the UK) national patent offices are holding their own consultations.
-- Ed Avis ed@membled.com
I know that the main thinking here on /. seems to be, IP=bad, patents=bad, business=bad. I would tend to disagree. Patents, when applied correctly, help innovation, rather than stifle it.
Before you mark this down as a troll, or flamebait, let me explain. Imagine if the first windowing display system for computers had been patented. Most people I hear give credit for this to Mac, but not being a strong computer historian, I don't know. Whatever company came up with this, if they had patented it, would have had a large advantage over others. Some would say that this would mean the other companies would go under, and that Macs would dominate the desktop.
I believe, however, that this would have forced others to think more laterally. Given the choice of giving in, or coming up with a new display system, (not windowed), it is doubtless that a myriad of display systems would be developed. Some would suck. Some would rock. But there would be new ideas tried, new technologies developed.
My point here is that if people want to influence the outcome of all of this, start lobbying for how and why patents are issued. Patents for things already in common use, (i.e. 1-click shopping), don't help anyone. But don't let the ineptitude of the USPO let you think that ALL patents are bad.