Bonum Certa Men Certa

Software Patents in Israel and the Effect on Europe

Summary: Disturbing new developments from last week in Israel involve the European Enlarged Board of Appeal (EBoA)

FOR quite some time now we have looked at the patent situation in the EU. European patent lawyers stalk blog posts such as this one, which help them push their agenda (software patents in Europe). This one post speaks of an appeal:



This appeal was filed against a decision to refuse a European patent for lack of inventive step.


A few years ago we got involved in the EBoA inquiry. We'll return to discussing software patents in Europe some time later this month.

In the mean time, it seems as though Israel too is being besieged by software patents, with parasites like Emblaze (not exactly patent trolls but close to that) getting money to go ahead with their lawsuits:

Cash continues to be king at Emblaze, the Israeli technology firm which is suing Apple for alleged patent infringements.


What's actually worse though is that according to the pro-software patents crowd, Israel is getting software patents:

On 15th March 2012 the Israeli patent registrar has issued new guidelines to determine patentable inventions by clarifying the definition of "technological invention", as defined by Section 3 of the Patent Law. Until recently, software inventions were treated according to case law, which did not provide clear guidelines and was interpreted differently by different examiners. This resulted in applications being treated differently, making it practically impossible for an applicant to predict whether its application would be accepted.

The long-awaited guidelines clarify the Israeli approach regarding software inventions in an attempt to make all Israeli examinations consistent. The guidelines are far more convenient for applicants than the Patent Office's previous practice to date, and represent an attempt to address the fact that Israel is a leading authority in high-tech and software-related innovation.

According to the new guidelines, a claim will be considered as a whole when determining technological inventions and will not be separated into features for such determinations.

In order to be considered a patentable invention, the claimed process or system should comprise a concrete technological character or a concrete technical result. The guidelines refer to Decision G0003/08 of the Enlarged Board of Appeal of the European Patent Office in order to define a "concrete technological character". This is also an attempt to make the new Israeli guidelines compatible with the European approach.


We wrote about this before [1, 2, 3]. This has the potential to affect Europe as cohesive central policy relies on member nations or nearby countries stepping in line (which is why the Unitary Patent is very bad too).

Recent Techrights' Posts

When Microsoft Folks Who Literally Strangle Women Try to Strangle Microsoft Critics
Speaking to Court staff yesterday, they too are shocked about those SLAPPs
Martinique: Windows Down to All-Time Low
we cannot expect Windows to ever recover
After US Government Funding Cuts the Centralisation of the Web (Especially Certificate Authority Let's Encrypt) is at Risk
They try to pull the plug on open protocols with decent encryption available (unless it is outsourced to third parties)
Press Reports Say Almost 10,000 Western IBMers Laid Off
We've been trying to verify/corroborate this somehow
Days Ago yewtu.be Found a Workaround That Made Invidious Work Again. Then Google Broke All the Instances (Again).
"Youtube changed something again, so if a video does not play, it's because of that."
Cellphones (Mobile Phones) in Classrooms
A recent study confirmed that people's intelligence has dropped in recent years/decades
Is the FSF Being 'Trolled' by Microsofters Pushing C# (Microsoft)?
Who stands to benefit from training people to use and spread Microsoft?
 
Links 25/03/2025: Putin Sends Children to Battle, 23andMe Drowns as People's Highly Personal DNA Data Floats
Links for the day
Anticipated in 2018: Lilie James & Location tracking, Googlists complained
Reprinted with permission from Daniel Pocock
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, March 24, 2025
IRC logs for Monday, March 24, 2025
IBM (and Red Hat) on a Fast Train to Nowhere
What is the future of Fedora when IBM keeps removing its leadership?
Gemini Links 24/03/2025: "Live Off the Land" and Life Without YouTube
Links for the day
Planet Ubuntu (or Ubuntu Planet) is LLM Slop
Reading chatbots' output is bad use of time
The European Patent Office (EPO) is Slowly Killing Its Own Staff; All It Cares About Is Money
The Office hasn't been run by a scientist for about 18 years already
Links 24/03/2025: US Detaining Innocent People, F-35 Contracts Suspended Due to Hostilities
Links for the day
Matthew J. Garrett is "Former Microsoft Researcher", According to Microsoft's Serial Strangler
Their argument is something along the lines of, "what Roy published damaged my career prospects, so I want Roy to pay me...
Links 24/03/2025: Political Catchup and Environmental Concerns
Links for the day
Windows Has Now Fallen to Rather Ridiculous 3% "Market Share" in Iraq (Windows Was Measured at 100% Back in 2010)
Iraq is not a place where Windows can make a comeback
Gemini Links 24/03/2025: Working With Music and Unconscious Influence
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, March 23, 2025
IRC logs for Sunday, March 23, 2025
Critics of IBM's Strategy Aren't Racists, But...
the situation is saddening as it serves to obscure the severity of the problem
Mauritania: Windows Falls to All-Time Low of 6% (It Used to be Over 99%)
Windows is 0% in mobile
New USPTO Memo Makes Fighting Patent Trolls Even Harder
The U.S. Patent and Trademark Office (USPTO) just made a move that will protect bad patents at the expense of everyone else
Outline of Open Source Initiative Coverage to Come (Now That Consensus is Changing)
Policing Wikipedia and attacking critics is not a sustainable strategy
An "EU OS" Would Need European Components
There are many European (or Europe-led) distros of GNU/Linux. EU OS developers ought to look at those.
Gemini Links 23/03/2025: "Connor of the Cats" and CSS Naked Day
Links for the day
Links 22/03/2025: Science and Antoine Beaupré on "Losing the War for the Free Internet"
Links for the day
We Probably Served Close to 100 Million Gemini Requests
Many of these requests probably came from bots, but it's hard to distinguish (to block them) ... This coming summer Gemini Protocol will turn 6
Just Because Microsoft Resents Techrights Doesn't Mean SLAPPs Will Silence Techrights
To confront lies the best solution is to speak truth
Windows at New Low Levels in Madagascar (Population About 33 Million)
Madagascar does not need Microsoft
Slop Images Are Bad Optics, Including for Perl.org
Slop devalues one's genuine work
What Happened to the Open Source Initiative (OSI) Elections: Proprietary Software Companies in Control, the Scandals Cannot be Hidden Anymore
We'll talk about it later this month and next month
Slopwatch: Fake News About Security Using LLMs That Make Fake 'Articles' About "Linux" (With Slop for Images)
This cannot end well
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, March 22, 2025
IRC logs for Saturday, March 22, 2025