Re: [Fsfe-uk] Fwd: UK Leading Patents?

[Alex Hudson]

On Mon, 2002-03-11 at 12:27, MJ Ray wrote:
> >> You haven't proven it's a good concept for the UK at all. We have an
> >> entirely different legal system here. You're asking for our history of
> >> patent judgements, the body of case law and the raft of interleaved
> >> measures to be thrown out. That's not going to happen. If it did, we
> >> would be in a greater mess than we are currently.
> 
> Alex, it probably will happen.  There is some evidence that pro-patent
> groups are lobbying for it to happen.  The body of case law being
> jettisonned is a frequent occurance, as it helps to simplify the legal
> processes.  Whether our best position is to press for the current imperfect
> situation or a clarification in our favour (thereby supporting the rewrite
> lobby in one way) is an interesting question.

"It probably will happen" - what does 'it' refer to?? Case law won't be
jettisoned, I don't think, since even (worst case scenario) if they
repeal Article 52, the actual change to the law is slight, and most of
the case law will still be very relevant. Our patents acts are virtually
a one-to-one mapping with the European convention; they're very similar.

Case law isn't as bad as Hartmut has described. While I'm in no doubt
that you can quite easily make a 'Gallery of Horrors', we have decisions
like:

+ Dell - "Providing configured PCs via a website" (GB 9919949.9)
 Thrown out, business method.
+ IBM - "Automatic translation and machine" (GB 9721481.1)
 Thrown out, mental act and possibe computer program
+ IBM again - translation/language, again (GB 9719454.2)
 Thrown out, computer program equivilent to a mental act
+ Fujitsu - "Data processing system w/priority management" (GB
9604003.5)
 Thrown out, program equivilent to a mental act and a business method
anyway
+ D Hutchins - "CPR Computer Aiding" (GB 9713345.8)
 Thrown out, computer program and possibly a presentation of information

I could go on, but this is just me looking through patent decisions for
which there is no search engine available. 

While I'm not suggesting that the UKPTO are in any way great in terms of
software patenting, they're not as bad as they're made out to be, IMO.
So while we certainly don't want any change to the convention that would
negatively affect us, there's no reason why we shouldn't be lobbying for
the current imperfections to be removed.

Cheers,

Alex.

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