EU approves software patent changes

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Don't get your hopes up

>> Failing that, here's hoping that the EPO, not laboring under the staffing restrictions Congress imposes on USPTO (Rogan - an agency "in crisis") will be able to restrict software patents to true inventions that advance the art.

Sorry, but one of the changes this time around was a removal of the requirement that the subject of a patent be a true improvement in the state of the art. In other words, "obvious to those of moderate skill in the art" is not an obstacle. This is supported by the patent offices since it makes their job easier: if there isn't an exact match from prior art, it's golden.

Another change, added in this latest version from the Irish Presidency, is that data structures can be patented in and of themselves. Combine this with the lack of an "true advance" requirement and you get instant patentability over every imaginable form of computer interoperation.

For instance, Microsoft could have gotten a European patent over their Kerberos hack. They still can get a patent over the data formats used to invoke their new Longhorn API. Et cetera ad infinitum, ad nauseum.

Posted by: Yagotta B. Kidding   Posted on: 05/18/04 You are currently: a Guest | Members login | Terms of Use

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