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[News] Pro-American PTO Lobbyist (McCreevy) Pushing for EPO Ruin

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Preparation of the Competitiveness Council of Ministers, Brussels, 29/30 May

,----[ Quote ]
| Ministers will discuss a progress report on this issue prepared by the 
| Slovenian Presidency. Commissioner McCreevy will encourage Member States to 
| continue to work constructively in this process.  


Enough with the BS already. See reference at the bottom.

Not All Patents Created Equal, Technology Policy Experts Say

,----[  Quote ]
| The efficacy of the patent system is not equivalent across all industries, 
| and appears to be particularly ineffective in software, said a panel at the 
| Computers, Freedom, and Privacy conference held at Yale University last week.  
| [...]
| A lot of unpatented prior art, which does not make it into considerations at 
| the patent and trademark office, said Berger, could add to this problem. She 
| added that EFF is working with open source company Mozilla to crease a 
| wiki-style platform of prior art in software they hope can be eventually used 
| by patent examiners.    
| Efforts have failed so far in terms of patent reform, she said, citing the 
| status of the Patent Reform Act as “dead in the water” in the US Congress for 
| the time being, and asking what people interested in technology policy might 
| do about this problem.   


Court revokes Aerotel's landmark patent

,----[ Quote ]
| Patent attorneys, lawyers, judges and businesses have often had trouble 
| determining exactly what inventions are and are not eligible for patent 
| protection, particularly where the invention involves software. A 2006 ruling 
| in the Court of Appeal was designed to settle the issue by clarifying the 
| rules that patent examiners and judges should apply to assess whether 
| inventions are for patentable subject matter.     
| [...]
| "The election to solicit pre-pay clientele is unarguably a 'business 
| method'," wrote Judge Fysh. "The consequence in 'computer terms' forms no 
| part of the invention; it is done with appropriate software. Moreover, even 
| if it did form part of the invention, it would therefore only involve the 
| construction of appropriate computer programs and would also be excluded from 
| patentability."     



[ffii] McCreevy wants to legalise Software Patents via a US-EU patent treaty

,----[ Quote ]
| Brussels, 13 May 2008 -- European Commissioner McCreevy is pushing for a
| bilateral patent treaty with the United States. This Tuesday 13 May in
| Brussels, White House and European representatives will try to adopt a
| tight roadmap for the signature of a EU-US patent treaty by the end of
| the year. Parts of the proposed treaty will contain provision on
| software patents, and could legalise them on both sides of the Atlantic.
| "TEC talks are the current push for software patents. The US want to
| eliminate the higher standards of the European Patent Convention. The
| bilateral agenda is dictated by multinationals gathered in the
| Transatlantic Economic Business Dialogue (TABD). When you have a look
| who is in the Executive Board of the TABD, you find not a single
| European SME in there", says Benjamin Henrion, a Brussels based patent
| policy specialist.
| The Transatlantic Economic Council (TEC) which comprises EU and US high
| level representatives put a substantive harmonisation of patent law on
| its agenda. Substantive patent law covers what is patentable or not. The
| attempt to impose the low US standards on Europe via the Substantive
| Patent Law Treaty (SPLT) process utterly failed at the World
| Intellectual Property Organisation. Also progress in the WIPO B+
| subgroup (without development nations) could not be reached.

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