[Top][All Lists]

[Date Prev][Date Next][Thread Prev][Thread Next][Date Index][Thread Index]

Re: German court invalidates FAT patent ..

From: Rjack
Subject: Re: German court invalidates FAT patent ..
Date: Sat, 28 Feb 2009 13:57:35 -0500
User-agent: Thunderbird (Windows/20081209)

Doug Mentohl wrote:
The Federal Patent Court has declared a Microsoft patent on the file allocation system File Allocation Table (FAT) invalid for the Federal Republic of Germany.

The claim in question is the protection claim granted by the European Patent Office under EP 0618540 for a "common namespace for long and short filenames."

From the heise article:

"The plaintiff in the action before the Federal Patent Court had
argued that the subject matter of the challenged patent was prior
art or if not prior art per se could be easily deduced by a
specialist at least from prior art."

This argument applies to 99% of the software related patents granted
by the U.S.P.T.O. The only creativity demonstrated in justifying the
award of a monopoly on these software related ideas is in the
tortured legal language describing simple methods in highly complex

Unlike copyright protection, I have concluded that any benefits to
technological advancement induced by software patents are vastly
overshadowed by their ability to stifle innovation. They should be
eliminated. It is not within the scope and purpose of a public
software license to do so. The United States Congress should be
urged to ban them.

Rjack :)

reply via email to

[Prev in Thread] Current Thread [Next in Thread]