[A2k] current situation with software patents in New Zealand

Jozef Halbersztadt jothal at o2.pl
Wed Feb 6 01:01:01 PST 2013


2013/2/6 Susan Chalmers <susan at internetnz.net.nz>:
> Greetings, all.
>
> For those who are interested in software patents, the below article
> provides a good overview of the current situation in New Zealand. At one
> point<http://legislation.govt.nz/bill/government/2008/0235/latest/DLM1419230.html?search=ts_bill_patents+bill_resel_25_h&p=1>,
> in the proposed Patents Bill (still a Bill), computer programmes were
> expressly excluded. The Minister of Commerce, subsequently issued a
> Supplementary Order Paper introducing language that would make that express
> exclusion less, well, express.
>
> Clause 10a of the supplementary order paper 120 was amended to read:
> "..prevents anything from being an invention for the purposes of this Act
> only to the extent that a patent or an application relates to a computer
> program as such"
>
> http://www.nzherald.co.nz/technology/news/article.cfm?c_id=5&objectid=10863604
>
> InternetNZ responded with like-minded organisations in a letter (attached
> herewith) proposing a nuanced version of the amended language.
>
> I'd particularly interested in hearing from anyone on this list who has
> experience in this aspect of EU patent law. Please feel free to respond off
> list.
>

Susan,

Up to date EU situation you have here http://www.unitary-patent.eu

"As such" in context of computer programs means nothing, but is used in intellectually dishonest interpretation of the European Patent Office to differentiate between patentable and non-patentable computer programs. For EPO next to all programs are patentable.

That is why we are persuading European Parliament to accept in the EU law wording without "as such". In 2003-2005 - with software patent directive - majority of MEPs were on our side, in December 2012 we have failed. But the game is not over.

A page with short argument is here 
http://www.unitary-patent.eu/content/voting-recommendations-july-2012-plenary-amendments

Amendment as were tabled by Greens
http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+AMD+A7-2012-0001+052-067+DOC+PDF+V0//EN 
am.56 – non-invention without "as such"
am.57 – what is computer program and invention in meaning of patent law

In Polish law is without "as such" paragraph. In regulation of Prime Minister we have a provision similar to paragraph 2 of am.57. Now we support proposal to this rule of the regulation to the proper law.

Best regard 
Jozef Halbersztadt
jozef [dot] halbersztadt [at] gmail [dot] com
Internet Society Poland http://www.isoc.org.pl




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