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Re: Why are software patents wrong?


From: Rui Miguel Seabra
Subject: Re: Why are software patents wrong?
Date: Tue, 19 Oct 2004 00:00:03 +0100

On Tue, 2004-10-19 at 00:46 +0200, Alexander Terekhov wrote:
> "Paul Hovnanian P.E." wrote:
> [...]
> > Unlike hardware, there are numerous ways to implement the same function
> > (task) in software. Given a task description ...
> 
> You can't patent a task. You can patent a novel, useful, and non-
> obvious method to achieve it. In the EU, invention must have a 
> technical effect (positively affect the ability of a "device" as 
> a whole to carry out a technical function) to be patentable under 
> the current EPO {case}law (and the upcoming EU patent directive).

Readers beware:
  1) Current EPO {case}law is in favour of software patents.
  2) European Parliament proposal forbids pure software patents
  3) European Comission/European Council's proposals introduce
     software patents without any limits in Europe.

Rui

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