LWN.net Logo

Arlene McCarthy's software patent "factsheet"

Arlene McCarthy's software patent "factsheet"

Posted Sep 3, 2003 18:37 UTC (Wed) by Carl (guest, #824)
In reply to: Arlene McCarthy's software patent "factsheet" by libra
Parent article: Arlene McCarthy's software patent "factsheet"

I really would like to see good examples from McCarthy of such invention (there must be some since she argues that 30000 such inventions have been handed out by European Patent Office). I think a good example should be presented and show such an invention that there would nothing to arguee against it.

Already posted to an earlier article, but worth repeating that the ffii already made such a overview.

I thought the "Test Suite" that the ffii/eurolinux people came up with was pretty good: http://swpat.ffii.org/analysis/testsuite/index.en.html and http://www.ffii.org/proj/kunst/swpat/pamflet/europarl03-testbed.en.pdf

It presents some of these patents that the EPO has illegally granted in the past and asks some simple questions be answered:

  • Is this an algorithm?
  • Is this a business method?
  • Is there a "technical contribution"?
  • Should this innovation be patentable subject matter?
  • Does your favorite proposal clearly say so?
And very important:
  • Would any judge reach the same conclusions?
  • Where are areas of incertainty?

It would be good to get some answers to the above questions before the European Parlement votes on this.


(Log in to post comments)

Arlene McCarthy's software patent "factsheet"

Posted Sep 3, 2003 20:22 UTC (Wed) by mmarq (guest, #2332) [Link]

But those 30000 patents, are from different nationalitys, and only have the force of a law regulation in the respective national countrys... without a common EU Directive it would make enforcement virtually impossible, because there are many different interpretations.

So dont bother to much about replying to Arlene McCarthy.

Copyright © 2012, Eklektix, Inc.
Comments and public postings are copyrighted by their creators.
Linux is a registered trademark of Linus Torvalds