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Re: [News] Red Hat CEO Challenges Microsoft to Actually Name Patents

Tim Smith wrote:

> In article <fomobf$qbd$00$1@xxxxxxxxxxxxxxxxx>,
>  Peter Kohlmann <peter.koehlmann@xxxxxxxxxxx> wrote:
>> Pray tell, why isn't "expensively researched work" stolen more often in
>> europe, where there are no patents on software?
> 
> <http://en.wikipedia.org/wiki/Software_patents_under_the_European_Patent_
> Convention>
> 

Please point us to software *only* patents which are enforcible in europe.
The fact that the european patent office is run by greedy bastards who don't
give a flying fuck to existing laws does not alter the fact that there are
no valid "software only" patents in europe

/quote
Under the EPC, and in particular its Article 52, [1] "programs for computer"
are not regarded as inventions for the purpose of granting European
patents, [2] but this exclusion from patentability only applies to the
extent to which a European patent application or European patent relates to
a computer program as such. [3] As a result of this partial exclusion, and
despite the fact that the EPO subjects patent applications in this field to
a much stricter scrutiny [4] when compared to their American counterpart,
that does not mean that all inventions including some software are de jure
not patentable
/unquote

There *are* valid software patents in europe, but only when combined with
hardware.
-- 
Windows: Because everyone needs a good laugh!


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