Comments on: French National Assembly Views Unitary Patent as Illegal http://techrights.org/2012/12/04/unitary-pat/ Free Software Sentry – watching and reporting maneuvers of those threatened by software freedom Fri, 25 Nov 2016 09:41:40 +0000 hourly 1 http://wordpress.org/?v=3.9.14 By: Dr. Roy Schestowitz http://techrights.org/2012/12/04/unitary-pat/comment-page-1/#comment-133960 Wed, 05 Dec 2012 18:35:55 +0000 http://techrights.org/?p=64927#comment-133960 Thanks for that.

]]> By: Cai6zohp http://techrights.org/2012/12/04/unitary-pat/comment-page-1/#comment-133958 Wed, 05 Dec 2012 16:37:57 +0000 http://techrights.org/?p=64927#comment-133958 Exerpt from ‘http://www.assemblee-nationale.fr/14/europe/rap-info/i0395.asp’
Note : this an informational report only !
First part-I-(2) The case of software
The ideas are not patentable or supervised by copyright. Only the materialization, the form of the expression is then likely to be put under a legal framework either by copyright if it is a work of the mind, or by patent if it is an industrial application. In accordance with international laws, European and French software is covered by copyright, which has the main feature to allow the software author to decide how to use and dissemination of its work. This is due to copyright that free licenses guarantee the liberty of each to use, study, copy, modify and redistribute free software.

But the U.S. Patent Office, the United States patent and Trademark Office (USPTO), under pressure from a handful of players in its computer industry, anxious to preserve their dominant position, has a permissive vision and practice.

This tends to influence the trade-offs of the EPO and some national offices in Europe, as the Deutsches Patent und Markenamt (DPMA), even INPI, at the risk of the industry on the continent, even though the chamber of appeal of the EPO and the Supreme Court of the United States in 2010, have issued rulings restricting considerably the scope of software patents. The European Commission as well as France, for their part, have never varied in their opposition to the patentability of software.

Steve Jobs, late founder of Apple, was mentioned, about software patents, citing the risk of triggering a “thermonuclear war” in the computer industry.

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