[Fsfe-ie] New terms for software patents debate?

Rory Browne rbmlist at gmail.com
Tue Jul 1 12:32:59 CEST 2008

> This is difficult to ask for since the TRIPS agreement requires that
> patents
> last 20 years.

Perhaps - in which case you play them at their own game. The 2-year software
limitation clause would only affect
software patents, which are disguised as non-software-patents. The patent
itself would be valid for the full 20 years
for non-software implementations.

Alternatively just exempt software-implementations from the get-go.

> Another problem is that the start of a patents' term of validity is
> back-dated to when the application was made, IIRC.  Because the EPO is so
> overloaded, application processing time is currently measured in years.  So
> a 2-3 year duration might be completely unacceptable to the EPO since it
> would lead to patents that are expired-on-grant (we would have a hard time
> selling this idea to politicians).  This should be fixed, but we might be,
> ah, spraying water against the wind if we try to fix the general the
> problems of the European patent system while trying to fix our specific
> problem.

On the other hand, they may welcome such a limitation on patents, since the
patents would
be less valuable, leading to a reduction of applications, thereby easing
their workload. Then
again, maybe the EPO has a different sense of logic to me.

> And if the pharma lobby get worried that this idea will spread to other
> domains, we could gain new powerful enemies that we don't need.

> --
> Ciarán O'Riordan, +32 477 36 44 19, http://ciaran.compsoc.com/
> Recent blog entries:
> http://fsfe.org/en/fellows/ciaran/ciaran_s_free_software_notes/openstreetmap_is_doing_great
> http://fsfe.org/en/fellows/ciaran/ciaran_s_free_software_notes/launching_your_favourite_editor_in_firefox
> http://fsfe.org/en/fellows/ciaran/ciaran_s_free_software_notes/updating_debian_keys_for_the_uninterested
>  _______________________________________________
> fsfe-ie at fsfeurope.org mailing list
> List information: http://mail.fsfeurope.org/pipermail/fsfe-ie
> Public archive: https://mail.fsfeurope.org/mailman/listinfo/fsfe-ie
-------------- next part --------------
An HTML attachment was scrubbed...
URL: http://mail.fsfeurope.org/pipermail/fsfe-ie/attachments/20080701/5f3dded5/attachment.htm 

More information about the FSFE-IE mailing list