Hi,
Are you aware of these software patent applications ?
http://appft1.uspto.gov/netacgi/nph-Parser?Sect1=PTO2&Sect2=HITOFF&p...
http://appft1.uspto.gov/netacgi/nph-Parser?Sect1=PTO2&Sect2=HITOFF&p...
The embodiments of the present invention described are implemented in a computing platform based on the computer operating system commonly known as 'Linux' that is available as open source directly over the Internet. Linux is also available through various vendors who provide service and support for the Linux operating system. Among these vendors are Red Hat, Inc., of Research Triangle Park, N.C., the assignee of the present invention.
Cheers,
On Sat, 2002-05-25 at 10:52, Loic Dachary wrote:
Are you aware of these software patent applications ?
I wasn't. It seems the motives for this are (at least partly) defensive. Taken from Slashdot (I think the ID is genuine), in reply to someone making the point about defence:
"Very much so. The situation needs changing badly, but right now it forces people to play the stupid patent game either for good or for evil.
"Expect a formal clarification from the Red Hat folks about this patent and usage (we didnt think it was news). Expect more patents too. In fact I've got two applications and I need to finish writing up - which I wouldn't be doing unless I was *convinced* this was the only way to do things in the short term, and that generic GPL use would be granted
Alan"
As the patents stand, I'm pretty sure that they couldn't be filed in Europe via the EPO, but I could be wrong, I haven't checked them out that thoroughly.
Sad times indeed.
Alex.
Alex Hudson wrote:
As the patents stand, I'm pretty sure that they couldn't be filed in Europe via the EPO, but I could be wrong, I haven't checked them out that thoroughly.
I've just read them briefly, and I see no reason why the EPO wouldn't accept them. According to their caselaw, these applications are technical enough to avoid the "computer program as such" exclusion.
Anyway, the first US application has a WO (international/PCT) counterpart (two, actually): WO 02/17070 WO 02/17597 which designate the EPC countries, so it's possible this application will lead to a European patent.
Arnoud