Photo of Prime Minister David Cameron and Home Secretary Theresa May (taken by ukhomeoffice)
IN yesterday's audiocast Tim and I spoke about the misguided new plan of the government, which seems to be thinking the advancement will be improved or restored in Britain by having more patents and bureaucracy. One of the issues that few outlets have covered is software patents. The Guardian, a leading UK publication that recently sold out to Bill Gates [1, 2, 3, 4, 5] wrote about Cameron's day with the big G:
Not at all: software patents are defensive, and they're often a problem for startup companies, which may find themselves threatened by bigger ones which, being bigger, have been able to build them. They're a blight, and British startups are much better off without them. A senior insider at another big internet company mused to me afterwards: "It sounds like the minister has been nobbled. We'll have to un-nobble him."
Now, it seems, we're going to review our laws to make them more Google-friendly – including, it seems, our patent laws. The prospect of US-style software patents is a chilling one, with big firms using them to stifle competition and patent trolls effectively running legal extortion rackets.
This post on the patent mayhem surrounding Android should give you an idea of how crazy the US system has become.
Thirdly, there's the involvement of Facebook and Google. There's something disturbing about seeing the two online giants so close to government, because our government appears particularly bad at getting them to stick to the law.
The referral claimed a divergence between decisions T 1173/97 (Computer program product/IBM), placing the emphasis on the function of the computer program rather than the manner in which it is claimed (e.g. as computer program, computer program product, or computer-implemented method), and T 424/03 (Clipboard formats I/MICROSOFT), which placed emphasis on the manner in which the computer program was claimed. Following the reasoning of the latter decision, only a claim of the form "computer program for method 'X'" could possibly be excluded from patentability as a computer program as such, whereas claims of the form "computer implemented method 'X'" or "computer program product storing executable code for method 'X'" would not be excluded, irrespective of the nature of the method 'X'.
Comments
TemporalBeing
2010-11-09 18:47:43
Dr. Roy Schestowitz
2010-11-09 19:34:38