Bonum Certa Men Certa

US Moves Towards Limiting Software Patenting, Germany Remains Confused About EU Patent Laws

Confusion



Summary: In Re Bilski continues to serve as a basis for invalidating some software patents, whereas in Germany, lack of clarify remains, despite the Federal Court getting involved

SOME weeks ago we saw new evidence that In Re Bilski still helped eliminate at least some software patents. This was not exactly unprecedented, but the cumulative evidence was new. Now there is this:



Lots of folks were upset with how the Supreme Court ruled so narrowly in the Bilski case and how they refused to make a clear statement on the patentability of software. It did seem clear that some judges didn't believe that software should be patentable, and we were just discussing how the Supreme Court might still invalidate software patents, if given a good case on the subject. In the meantime, though, as a small silver lining, it does appear that the Bilski ruling has resulted in at least some software patents tossed.


This might be a step in the right direction, but it is far from enough. Meanwhile, in Europe for example, some software patents mistakenly get approved (Microsoft's FAT in Germany for instance), which requires clarifications that arrive from the Federal Court. The patent lawyers rave about being able to patent software, linking to conclusions from biased interpretations like this one:

By this decision, the German two-stage approach to examination patent-eligibility of software-related inventions can be considered as established. Even though it resembles the corresponding EPO approach, it is not identical with it, since above step 2 (solving a technical problem by technical means, €§ 1 III, IV PatG) represents an additional step as compared to the EPO approach. Step 2 is, like step 1, an a-priori step not considering prior art. It thus represents a kind of coarse screening (“Grobsichtung”) to enable that only such claims are examined as to their novelty/inventiveness (above step 3) that go beyond trivial technical features.

This difference between the German and the EPO approaches might be best illustrated by the fact that a pure business method implemented on a conventional computer or computer network would in Germany be excluded as a “computer program as such” without even considering prior art, while the EPO would rejected this method for lack of inventive step since its differences over prior art only involve non-technical features.

In Germany, applicants of software-implemented methods will now be on the safe side as regards technicality issues, if the invention is claimed within an embedded system framework, i.e. as a method controlling a technical apparatus or collecting, evaluating and processing (technical) data by means of a technical apparatus.

The recent development of case law in Germany is to be considered positive for applicants of software inventions, as it overcomes the earlier investigation of the individual case and thus creates legal certainty due to an easier-to-understand and thus easier-to-adopt examination systematics.


This is what they would hope. The source has a financial agenda. The H says that "Siemens had asked the German Patent Office for patent protection (DE 101 15 895 C1) for a method of displaying a recognition feature for previously visited web sites. For deep links leading to other web sites to be depicted, users would first have to be registered on the online information site visited. The patent application refers to a client program that accesses cookies set by the server." Can the EU authorities step up and remind Germany that patents "as such" are verboten?

Recent Techrights' Posts

Why We're Revealing the Ugly Story of What Happened at Libre-SOC
Aside from the fact that some details are public already
Why Virtually All the Wikileaks Copycats, Forks, and Rivals Basically Perished
Cryptome is like the "grandpa" of them all
In the United Kingdom Google Search Rises to All-Time High, Microsoft Fell Nearly 1.5% Since the LLM Hype Began
Microsoft is going to need actual products or it will gradually vanish from the market
 
Libre-SOC Insiders Explain How Libre-SOC and Funding for Libre-SOC (From NLNet) Got 'Hijacked' or Seized
One worked alongside my colleagues and I in 2011
Removing the Lid Off of 'Cancel Culture' (in Tech) and Shutting It Down by Illuminating the Tactics and Key Perpetrators
Corporate militants disguised as "good manners"
FSF, Which Pioneered GNU/Linux Development, Needs 32 More New Members in 2.5 Days
To meet the goal of a roughly month-long campaign
Lupa Statistics, Based on Crawling Geminispace, Will Soon Exceed Scope of 4,000 Capsules
Capsules or unique capsules or online capsules are in the thousands and growing
Links 24/07/2024: Many New Attacks on Journalists, "Private Companies Own The Law"
Links for the day
Gemini Links 24/07/2024: Face à Gaïa, Emacs Timers for Weekly Event, Chromebook Survives Water Torture
Links for the day
A Total Lack of Transparency: Open and Free Technology Community (OFTC) Fails to Explain Why Over 60% of Users Are Gone (Since a Week Ago)
IRC giants have fallen
Trying to Put Out the Fire at Microsoft
Microsoft is drowning in debt while laying off loads of staff, hoping it can turn things around
GNU/Linux Growing at Vista 11's Expense
it's tempting to deduce many people who got PCs with Vista 11 preinstalled are deleting it, only to replace it with GNU/Linux
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, July 23, 2024
IRC logs for Tuesday, July 23, 2024
[Meme] Was He So Productive He Had to be Expelled Somehow? (After He Was Elected and Had Given Many Years of Work to Earn a Board Seat)
Things like these seem to lessen the incentive to devote one's life to Free software projects
GNOME Foundation is Causing Itself More Embarrassment With Secrecy Than With Full Transparency
It also arouses suspicion and hostility towards Codes of Conduct, which gave rise to 'secret courts' governed by large corporations
Links 23/07/2024: NetherRealm Layoffs and Illegitimate Patent 'Courts' (Illegal)
Links for the day
Gemini Links 23/07/2024: AM Radio, ngIRCd, and Munin
Links for the day
A Lot of GNU/Linux Growth on the Client Side is Owing to India (Where GNU/Linux Has Reached 16%)
A lot of this happened in recent years
Insulting Free Software Users in Social Control Media (Proprietary, Bloated With Opaque JavaScript) is Like Insulting Amish on TV
Why bother? Don't take the bait.
When Wikileaks Sources Were Actually Murdered and Wikileaks Was Still a Wiki
when Wikileaks was a young site and still an actual wiki
statCounter: Dutch GNU/Linux Usage Surged 1% in Summer
Microsoft is running out of things to actually sell
Microsoft's "Results" Next Week Will be Ugly (But It'll Lie About Them, as Usual)
Where can Microsoft find income rather than losses as its debt continues to grow and layoffs accelerate?
Julian Assange is Still Being Dehumanised in Media Whose Owners Wikileaks Berated (With Underlying Facts or Leaks)
Wikileaks and Free software aren't the same thing. Nevertheless, the tactics used to infiltrate or discredit both ought to be understood.
A Month Later
We're optimistic on many fronts
Links 23/07/2024: Downsizing and Microsoft and Still Damage Control
Links for the day
Gemini Links 23/07/2024: Friends and Solitaire
Links for the day
Why the Media is Dying (It Sucks, No Mentally Healthy People Will Tolerate This for Long)
linking to actual news articles helps fuel the spam, too
Censorship in Eklektix's Linux Weekly News (LWN)
Medieval system of speech, where the monarchs (Linux Foundation) dictate what's permissible to say
10 Years of In-Depth EPO Coverage at Techrights (Many Others Have Abandoned the Topic)
Listen to staff
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, July 22, 2024
IRC logs for Monday, July 22, 2024
[Meme] The Latest in the Microsoft Windows Blame Game
Microsoft found the culprit and came to everyone's rescue!
Links 22/07/2024: Overworking and Performance Issues From Europe
Links for the day
Microsoft Eliminates 67% of the Building Occupancy - That's Some Truly Massive Layoffs
Half a dozen floors? Microsoft cuts that down to two.
[Meme] Signs of a Dying Patent Office
"Bribe the media to say you excel"
This Month's General Consultative Committee (GCC) Webchat ('Meeting') Covered the European Patent Office's Attacks on Its Own Interpreters
The Central Staff Committee is currently circulating a report with appendices about the GCC meeting [sic] (webchat) that took place less than a fortnight ago
A Byzantine European Patent Office Where Staff Must Beg for Help With Contraception (Worse Than the Rest of Europe)
The Central Staff Committee (EPO staff representation) has just circulated a report
[Teaser] EPO Run by Children
"Daddy, why was I born?"
Let's Encrypt About to Fall Below 100 (Capsules) in Geminispace, It's Basically in a Freefall
The "self-signed" portion keeps growing
Gemini Links 22/07/2024: Spacewalk Dies and Old Computer Challenge in the Rear View
Links for the day
For the First Time Since May Linux.com (Linux Foundation) Published Something. It's All Spam.
Can we trust the Linux Foundation to look after anything at all? Look what it turned this once-thriving site into.
Honduras: Windows Down, Android Peaking Again
Honduras does not have many stakes in Microsoft
[Meme] Twitter (X) Will Reject the Concept of a Female President
Twitter (X) is controlled by misogynists, who socially control (or socially-engineer) their fake concept of "media"
Second Family Photo of Julian Assange Since His Release (First Since His Birthday)
His wife shows the 4 of them for the first time (2 hours ago)
Protesters in Kenya Need Software That is Free (Libre) and Supports Real Encryption in Order to Avoid Capture and Torture (Sometimes Execution)
There's more to fight over than economic issues
The Ludicrous Idea That GNU/Linux is a "Poor Man's" Operating System
Seeing the trends in countries such an Norway, it ought to be abundantly clear that adoption of GNU/Linux has nothing to do with poverty
Links 22/07/2024: Internet Optimism and Kamala Harris Policies Debated
Links for the day
Something is Happening at OFTC
It looks like it shrank by 20,000 users
GNU/Linux Usage in Guadeloupe Rises Closer to International Average, Based on Web Data Collected by statCounter
It should be noted that the estimates of GNU/Linux usage are now in 4.5% territories
The Impact of OFTC's Latest Changes on the Perceived Scale of IRC Globally
IRC is still one of the more potent alternatives to the social control media conglomerates
New: Why They Really Went After Assange
Uploaded by Chris Hedges
Links 21/07/2024: Health, Politics, and Kamala Harris in Focus
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, July 21, 2024
IRC logs for Sunday, July 21, 2024
A Drop in Half (From 208 to 104): Sharp Decline in Number of Gemini Capsules That Use Let's Encrypt CA Since December
Gemini is increasing its independence from Certificate Authorities (CAs)