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Re: [Fsfe-uk] Software Patents


From: James Heald
Subject: Re: [Fsfe-uk] Software Patents
Date: Sat, 18 Dec 2004 12:33:13 +0000
User-agent: Mozilla/5.0 (Windows; U; Windows NT 5.1; en-US; rv:1.7) Gecko/20040616

P.L.Hayes wrote:

On Fri, 17 Dec 2004 12:05:41 +0000
Alex Hudson <address@hidden> wrote:


On the UK-Parl list at the FFII, I gave an example of how you might
describe the Quicksort algorithm in such a way as to show a technical
contribution (reduction of CPU registers, reduction of memory
bandwidth usage, affinity to modern RAM architectures). This kind of
contribution must not be patentable, to my mind.


Or in it :)

I cannot bear even to look at that uk-parl discussion anymore so perhaps
you Alex or someone else knows whether anyone asked the DTI/UKPO about
their position on "program claims", as found in GB2388448 and GB2381886
-  patents which I was going to ask Mr. Probert about (wrt to "technical
contribution") until it became clear he would not talk about specifics
anyway.

Paul.


UK PO was the first patent office in Europe to accept program claims, after the IBM case where they were upheld at the UK PO.

They are part of the UK "status quo", ergo the UK suports them.

As far as I know, that is the UK position.


Opposition to program claims was led by DG Information Society in the European Commission, against DG Internal Market and most of the Council.

The opposition may have been traded for Article 3 being demoted to a recital ("Accordingly, although a computer-implemented invention belongs to a field of technology..." -- council recital 12)




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