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Linux patent pool to push for 'defensive publication' (Network World)Linux patent pool to push for 'defensive publication' (Network World)Posted Aug 10, 2008 20:49 UTC (Sun) by Tobu (subscriber, #24111)In reply to: Linux patent pool to push for 'defensive publication' (Network World) by zotz Parent article: Linux patent pool to push for 'defensive publication' (Network World) French law has this thing where patents have to be exploited commercially before three years, or there must be a "real and earnest effort" towards that, else anyone who asks is granted a mandatory licence. This is fairly weak in the context of software (which can't be patented thankfully) for the same reason that RAND fees are still too expensive for free software, but sensible nevertheless. Official text in French
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Linux patent pool to push for 'defensive publication' (Network World) Posted Aug 11, 2008 15:04 UTC (Mon) by k3ninho (subscriber, #50375) [Link] In fairness to the French and Software Patents in France, they don't examine national patents without insisting the application goes through the European Patent Office. Which means that the current EPO tests for computer implemented inventions apply to French Software Patents (i.e. a concrete technical effect in the output of the computer program which is inventive over the known art -- I'm not an EPA, and this isn't legal advice). BTW, you get the same 3-year licence-as-of-right terms in the UK, too. K3n.
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