Linked by Thom Holwerda on Thu 13th Jun 2013 11:43 UTC
Legal "The German Parliament, the Bundestag, has introduced a joint motion against software patents. The resolution urges the German government to take steps to limit the granting of patents on computer programs. In the resolution, the Parliament says that patents on software restrict developers from exercising their copyright privileges, including the right to distribute their programs as Free Software. They promote the creation of monopolies in the software market, and hurt innovation and job creation." After New Zealand, we now have one of the most powerful economies in the world moving to ban software patents for all the reasons smart people have been outlining for years. also: "The government should also push to ensure that software is covered by copyright alone, and that patent offices (including the European Patent Office) stop granting patents on software." Germany is not a country the EU can ignore. Very good news, this.
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RE[4]: Good
by cyrilleberger on Fri 14th Jun 2013 08:02 UTC in reply to "RE[3]: Good"
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Because law already make software patents illegal. European Patent Convention (IIRC EU child), have explicit exception for software as unpatentable.


So law is ok.

Except we don't know. Because there have been no judgement on the question. Yes, the EPC says "no program can be patented", but the European Patent Organization said that patenting a technical solution that involves the use of a program is ok. And since that has not been challenged in court yet, it is actually fair to assume that all those patents are valid.

And the reason that it has not yet been challenged in court is that there is little patent trials in Europe, since patent trolling is very limited in Europe as most trivial patents are excluded. Patenting things like "send an email with a touch device" is almost impossible, and even if it was accepted by the EPO, you would lose in court, without even having to challenge the legality of so-called software patent. An other reason is the cost, since the EPO does not grant a patent that is valid over Europe, it just give you a fast track to push your patent to all the national body, meaning you will have to pay all of those national body to be able to enforce your patent.

Reply Parent Score: 3