Hartmut Pilch, the habitually-involved founder of the FFII, writes in his blog about the group's latest action which strives to tackle software patents in Europe one patent at a time, as a matter of making a point or precedence perhaps.
Meanwhile, the patent has been revoked. The Opposition Division revoked it for the second time. In 2007 it had already revoked this patent, which had been granted in 2003 and filed in 1998. However the Technical Board of Appeal (TBA) revived the patent and remitted it to the Opposition Division, alleging that the Opposition Division had failed to prove that the feature of simplification to a “single action” (one click) was not novel. In today’s hearing, the Opposition Division considered this feature novel. Moreover it also considered novel the process of ordering a gift for a friend without fully disclosing his address. However the Opposition Division doubted, whether the combination of these two features could be considered an “inventive step”.
Yes, we agree that innovation holds the key to future prosperity. The problem is that there is no evidence that the patent system actually increases that innovation, and a ridiculous amount of evidence that it does exactly the opposite. It retards innovation, diverting money from actual innovations that hit the market, to lawyers. The costs associated with the patent system far outweigh any benefits. Could you craft a functioning patent system? Perhaps, but today's system is not it, and if Judge Michel ever spent time with actual innovators who were the victims of patent trolling, he might learn something. But, you know, that would offend his patent lawyer and patent troll buddies.More patents boosters, again in the form of patent lawyers, debate the scope of patents:
The chart above shows the percentage of published non-provisional patent applications that include the term "means for" at least once in the claimset. Although not the only way of doing so, "means for" is traditionally used by patent attorneys to invoke the doctrine known as means-plus-function claiming allowed under 35 U.S.C. 112p6. [Soon to be renumbered 35 U.S.C. 112(f)]. As the chart shows, the percentage of applications that include at least one means-plus-function term is well under 10% and seemingly in continued decline. A decade ago, about 1/4 of all applications included this type of claim.
Publishing Data Management announced today that five international patents have been granted for the software engine that drives ProofPlus, its trademarked Financial Compliance and Electronic Document system. Patents have been issued in Israel, Russia, New Zealand, Singapore and South Africa and are pending in China, Europe and additional countries. This announcement underscores the significant commitment a company must undertake to protect its inventive efforts in today's global marketplace.
--Richard Stallman
Comments
NotZed
2013-01-19 15:40:55
Haha ha ha. You neophyte. After all you write on this blog, how can you say such a thing with a straight face?
It's always the "governments" role to represent the landed gentry's interests. Democracy is just propaganda - a plain and cruel joke - used to subjugate the proles. Anyway, software patents are now a "strategic interest" of the US government, and part of the national security agenda. Don't expect any waffling lawyers to make any meaningful headway against that.
Dr. Roy Schestowitz
2013-01-19 15:46:49
Clearly this is not happening in most countries which call themselves democratic because elected officials are corruptible and they develop a sixth sense for life after office (how to monetise power).