Recently, we outlined some of Stafford Masie's comments at the CITI forum regarding Novell's patent strategy in South Africa, which includes both "proactive counter patenting" while simultaneously working at the ministerial and even presidential level to eradicate them in South Africa..

Recently, Microsoft national technical officer, Potlaki Maine, attended the FTISA workshop on software and business method patents and found himself in the crosshairs of Professor Derek Keats:

"Does Microsoft intend to continue to break the law by filing software patents in South Africa?" This was the question Derek Keats of the University of the Western Cape asked Microsoft national technical officer, Potlaki Maine, in an open debate held at Freedom to Innovate South Africa's workshop on software and business method patents last Friday.

Maine's responded that all Microsoft's patents had been filed through government channels and were completely legal. Keats retorted that although Microsoft had found a gap in the process of filling patents, they were still guilty of breaking the law.

This issue summed up the the problem FTISA wants to address: although software patents are not allowed in South Africa, this is not being enforced and software patents are still being filed.

South African law does not allow for patents on computer programs (section 25 (2) of the Patents Act No. 57 of 1978). Yet the problem is that, as a non-examining country, the patent office does not check the validity of the patent. The patent office only checks that payment has been made and that the correct forms are filled out. For this reason, software patents slip through the process illegally.