[Fsfe-ie] New terms for software patents debate?
rbmlist at gmail.com
Tue Jul 1 12:32:59 CEST 2008
> This is difficult to ask for since the TRIPS agreement requires that
> 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
On the other hand, they may welcome such a limitation on patents, since the
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/
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