EditorsAbout the SiteComes vs. MicrosoftUsing This Web SiteSite ArchivesCredibility IndexOOXMLOpenDocumentPatentsNovellNews DigestSite NewsRSS

11.30.12

Attempts to Make Unitary Patent Mess Before Xmas

Posted in Europe, Patents at 7:27 am by Dr. Roy Schestowitz

European Parliament

Summary: A loophole for software patents in Europe is making its way into law while many vigilant people are very busy or on vacation, just like last year when this was also attempted

“The Patent Courts will be voted on as early as the 10-11th of December in parliament and council. After that there will be a formal signing later in December or January,” says Jonas from the FFII. “If there are no changes to the proposal, it will just go through as a inter member-state agreement where the EU will have no further say directly,” he adds. “Just like EPO where national or EU-courts have no way of appealing over EPO rulings in what can be patented. See https://www.unitary-patent.eu/ for more updates.”

The latest update says:

On Monday, November 26th, 2012, the legal affairs (JURI) Committee of the European Parliament held an exchange of views with the legal services on the legality of the Cypriot compromise on the unitary patent regulation. Once again, the illegalities of the project have been made obvious, but nonetheless the European Parliament seems decided to go forward. April calls for a re-examination of the text and the possibility to amend it, to ensure legal certainty.

After lawyers, law professors, and various specialists, it is the Legal Services of the European Parliament’s turn to voice reservations about the legality of the organisation of the patent package. Indeed, the current proposal for a unitary patent package mixes elements of EU law and international law, and asks the European Parliament to give up all safeguards on defining patentatibility. All checks and balances, and our rights, including the rights to code, would then be questioned.

Software patentability, and the means of recourse against such threats to innovation, were briefly mentioned, but only to state that legal services do not know whether there will be any legal instance to oppose them.

Techright will keep its eyes open. Gérald Sédrati-Dinet, of the above site, shows that this disease of software patents spreads to Europe through other loopholes. “How software patents #swpats are routinely accepted in Europe by artificially circumventing law,” he writes, pointing to this article which states:

Although technical character is a fundamental requirement for the grant of a European patent, its significance is often overlooked. However, lack of technical character is perhaps the single most important reason why many applications for computer-implemented inventions are refused by the European Patent Office. So what exactly is technical character and why is it so important?

Interestingly, the European Patent Convention (EPC) does not explicitly state that an invention must have technical character. However, the requirement is inferred from Rules 42 EPC and 43 EPC of the Implementing Regulations, whose conditions are distilled into the requirement of technical character. To have technical character an invention must relate to a technical field, it must be concerned with a technical problem and it must have technical features.

When considering an invention which is implemented on a computer, it is arguable that the most important of these three aspects to consider is the technical problem. This is because if a technical problem is solved, then, because a computer provides the technical means by which the solution is provided, it follows that the invention must lie in a technical field and that technical features are inherently involved. So, if a technical problem is solved, a computer-implemented invention is likely to exhibit technical character.

We need to stop this because the longer it goes on for, the more it solidifies software patenting across the EU.

Share this post: These icons link to social bookmarking sites where readers can share and discover new web pages.
  • Digg
  • del.icio.us
  • Reddit
  • co.mments
  • DZone
  • email
  • Google Bookmarks
  • LinkedIn
  • NewsVine
  • Print
  • Technorati
  • TwitThis
  • Facebook

If you liked this post, consider subscribing to the RSS feed or join us now at the IRC channels.

Pages that cross-reference this one

What Else is New


  1. When Battistelli's Defender, Dutch Justice Minister Ivo Opstelten, Attacked Europeans' Right to Demonstrate

    The now disgraced (having just resigned) Ivo Opstelten played a role in helping Benoît Battistelli crush his staff



  2. Microsoft is Growing Desperate Trying to Destroy Linux While Not Publicly Appearing Anti-Linux

    Microsoft continues to be a destructive company whose goal is to derail Linux and Android by means of infiltration and subversion, shrewdly disguised as being "nice"



  3. Links 1/4/2015: $149 Chromebook, Cinnamon 2.4.7

    Links for the day



  4. Links 31/3/2015: New BlackArch Linux, Mozilla Firefox 37.0

    Links for the day



  5. Links 30/3/2015: Linux 4.0 RC6, OpenELEC 5.0.7

    Links for the day



  6. Techrights Cited by European Politicians in Support of EPO Staff's Causes

    Benoît Battistelli's right-hand man is characterised as suspected of corruption in European Parliament questions



  7. When the EPO Came Under Fire From the Netherlands and Before Systemic Corruption Was Revealed

    Questions that targeted the Dutch Minister of Justice amidst EPO abuses against staff and a shameful failure to enforce a court's decision



  8. Links 29/3/2015: Red Hat's Stock Soars, Kodi 14.2 Released

    Links for the day



  9. Speculations That Microsoft is About to Buy Cyanogen (or at Least Officially Partner) to Attack Google's Android/Linux, Replacing Everything With Microsoft

    Articles in the corporate media and some analysis from smaller media sites serve to highlight the role which Microsoft plays in Cyanogen



  10. Links 28/3/2015: FoundationDB FOSS Shut Down by Apple, European Commission Support for Free Software

    Links for the day



  11. Microsoft Keeps Pretending to be 'Open Source', Despite Relentless Assaults on Open Source

    Microsoft's charm offensives against Free/libre software are proving to be rather effective, despite them involving a gross distortion of facts and exploitation of corruptible elements in the corporate media



  12. Željko Topić and Ivan Šimonović, Two Residues of Ivo Sanader's Corrupt Regime, Seen as Indirectly Connected

    Further exploration of the remnants of Sanader's highly notorious record and those whom he had brought to power before he landed in jail



  13. Links 27/3/2015: Ubuntu 15.04 Second Beta, Dart 1.9

    Links for the day



  14. The EPO's Dutch Scandal Leaves Battistelli and His Cronies on the Run

    EPO management is making concessions and issues statements which admit defeat, allowing the staff union to continue its activities



  15. Microsoft Won't Let People Wipe (Off) Windows But Happily Wipes Android, Wipes Android Apps Through Cyanogen and Blackmailed 'Partners'

    Microsoft's obscene double-standards leave Android and Linux between a rock and a hard place



  16. Links 26/3/2015: GNOME 3.16 Officially Released

    Links for the day



  17. Links 25/3/2015: India Moving to Free Software

    Links for the day



  18. Another Reason to Boycott UEFI: Back Doors or Crackers

    UEFI makes computers more prone to infections, according to some security experts



  19. The EPO's Administrative Council is Under Increased Pressure to Rein in and to Finally Stop Benoît Battistelli

    The EPO's Administrative Council (AC) is about to have a meeting, so the Member States' delegations are urged to call for action



  20. IRC Proceedings: February 22nd - March 21st, 2015

    Many IRC logs



  21. The Latest Microsoft Attacks on GNU/Linux and Free/Libre Software

    Microsoft is still hiding behind the façade of 'love' whilst actively attacking GNU/Linux and Free software from many directions



  22. Attempts to Disrupt Android by Pushing Microsoft Software Into It (Using Patent Blackmail and Cyanogen)

    Microsoft's Android coup d'état is succeeding owing to public apathy and poor comprehension of what Microsoft really is up to, partly due to media misdirection



  23. Links 24/3/2015: WebKitGTK+ 2.8.0, Black Lab Linux 6.5

    Links for the day



  24. Concerns Over Željko Topić's Alleged Powerful Links in Croatian Diplomacy

    Rikard Frgačić explains the powerful connections acquired though Ivan Šimonović, who is himself connected to EPO Vice-President Željko Topić



  25. Benoît Battistelli's EPO Comes Under Fire From Prominent Figures Who Are Key EPO Stakeholders, Expect Battistelli to Resign 'in the Longer Term'

    The ‘reign of terror’ which is primarily attributed to Battistelli and his cronies may be about to end; the Luxembourg parliament approves the Unified Patent Court



  26. Benoît Battistelli's EPO is Under Attack From French Politicians Yet Again

    More EPO interventions -- this time from France -- target Benoît Battistelli over his abuses and take it up to Eurocrats for political actions



  27. Bribes and Extortion Help Turn Android (Linux-powered) Into 'Microsoft Android'

    A strategy involving harassment and bribes drives large Android players into Microsoft's arms (PRISM and lock-in), much to Google's (and users') detriment and beyond regulators' range of visibility



  28. Microsoft-connected Black Duck Software Created by Microsoft Marketing Man as an Anti-GPL Operation, Admits the Management

    Black Duck "was founded [on] the idea ... to keep GPL-licensed code out of corporate codebases entirely," according to a new report



  29. Links 23/3/2015: Linux 4.0 RC5, Kubuntu Celebrates Ten Years

    Links for the day



  30. Microsoft Admits Lying (or Deceiving) About the Cost of Vista 10

    After much hype in the press about Windows being 'free' it turns out that Microsoft just lied yet again, leaving that lingering perception that Windows is as inexpensive as GNU/Linux


CoPilotCo

RSS 64x64RSS Feed: subscribe to the RSS feed for regular updates

Home iconSite Wiki: You can improve this site by helping the extension of the site's content

Home iconSite Home: Background about the site and some key features in the front page

Chat iconIRC Channel: Come and chat with us in real time

CoPilotCo

Recent Posts