EditorsAbout the SiteComes vs. MicrosoftUsing This Web SiteSite ArchivesCredibility IndexOOXMLOpenDocumentPatentsNovellNews DigestSite NewsRSS

02.04.10

Judge Uwe Scharen is Validating Software Patents in Germany

Posted in Europe, Law, Microsoft, Patents at 12:35 pm by Dr. Roy Schestowitz

Summary: Disturbing developments in Europe following heavy lobbying from Microsoft and its front groups

Judge Uwe Scharen is doing the unthinkable after heavy Microsoft lobbying for software patents in Europe. This is particularly important because Scharen “will also rule the EPO EBOA,” according to the FFII’s President (we wrote about the EBOA in [1, 2, 3, 4, 5] as it affects all of Europe). He is “validating software patents in the recent BGH decision (read last page),” FFII’s President shows using the recent ruling [PDF].

Moreover, based on this report, the FFII’s President writes: “EPO is considering whether to redefine the criteria for patenting software inventions [...] German Supreme Court validates software patents, add a computer and software becomes patentable.”

The European Patent Office is considering whether to redefine the criteria for patenting software inventions.

Regarding the article mentioned here a couple of days ago, the assessment is that “the EPO case law is so full of contradictions that it cannot be followed in any meaningful way” and “a particular party made “open standards” a political issue, based on lobbyism from open source communities.”

“Talk Standards” is a Microsoft lobby, according to the FFII’s President. When asked why or how this is known he told us: “You have to compare their previous report with the previous MS report, they used the “same sentence”. Strange coincidence.”

Correction: The part “When asked why or how this is known he told us: “You have to compare their previous report with the previous MS report, they used the “same sentence”. Strange coincidence.”” was related to the patent WIPO report by ITSSD, a Microsoft proxy (in their previous submission to WIPO, they used the exact same sentence that Microsoft was using in its submission).

“[The EPO] can’t distinguish between hardware and software so the patents get issued anyway.”

Marshall Phelps, Microsoft

Share this post: These icons link to social bookmarking sites where readers can share and discover new web pages.
  • Digg
  • del.icio.us
  • Reddit
  • co.mments
  • DZone
  • email
  • Google Bookmarks
  • LinkedIn
  • NewsVine
  • Print
  • Technorati
  • TwitThis
  • Facebook

If you liked this post, consider subscribing to the RSS feed or join us now at the IRC channels.

Pages that cross-reference this one

3 Comments

  1. Dennis Murczak said,

    February 4, 2010 at 2:00 pm

    Gravatar

    Ok, I read through the ruling and decided I can’t directly translate convoluted juristic language without my head exploding. But I can summarize: Starting on page 7, the ruling explicitly refers to a paragraph about the non-patentability of software as such, and goes on to explain that not the use of a software itself, but the use of a programmed computer to solve the problem can justify patentability. It then refers to other similar rulings.

    The court still has to determine whether there is enough invention involved in the application for a patent to be granted.

    The application itself is about feeding a computer tomograph the patient’s symptomatic or diagnostic data, which makes the tomograph automatically select a diagnostic profile by use of an integrated database.

    Roy Schestowitz Reply:

    Siemens wants patents on ideas that can expressed in terms of equations alone. Maybe they should also trademark alpha and gamma.

  2. girts said,

    February 4, 2010 at 2:30 pm

    Gravatar

    We all must stop pantenting system!!!
    No patents in world no problem for freedom!
    Judge must be informed that software patents is making big problem for innovations and freedom!!!!

What Else is New


  1. Links 18/9/2014: Windows Copying GNU/Linux, Germany Moves to Security

    Links for the day



  2. Web Site 'Patent Progress' Now Officially 'Powered by CCIA' (FRAND Proponent, Microsoft Front)

    After talking a job at CCIA, "Patent Progress" and its chief author should be treated as dubious on real patent progress



  3. Articles About the Death of Software Patents in the United States

    Recent coverage of software patents and their demise in their country of origin, where even proponents of software patents are giving up



  4. The Death of Software Patents is Already Killing Some Major Patent Trolls

    VirnetX seems to be the latest victim of the demise of software patents in the United States



  5. More Microsoft Layoffs

    More Microsoft layoffs go ahead as the company is unable to compete



  6. ODF on the Rise

    Milestones for OpenDocument Format (ODF) and the launch of FixMyDocuments



  7. Links 17/9/2014: CoreOS, ChromeOS, and systemd

    Links for the day



  8. Italy is Cracking Down on Microsoft's Monopoly Abuse While Gradually Moving to GNU/Linux

    Italy is not only moving to Free/Open Source software but also to GNU/Linux while at the same time barring Microsoft from forcibly tying Windows to new PCs



  9. OpenSUSE's 'Assurances' Are Classic MBA School Hogwash

    OpenSUSE is not part of any commitment, except for SUSE's; the impact of the Novell/SUSE acquisition casts uncertainty on the project's future



  10. Links 16/9/2014: Firefox OS Smartphones in Bangladesh, “Treasure Map” of the Internet

    Links for the day



  11. The United Kingdom Should Dump Microsoft For the Sake of National Security

    The UK has issues of Microsoft dependency and Windows viruses; its migration to Free software and GNU/Linux is not fast enough to guard its autonomy in the age of digital imperialism



  12. CBS Hires Even More Microsoft Staff to Cover Microsoft Matters

    CBS continues to be infested with Microsoft staff past and present (this time Dave Johnson) and the bias in output is quite revealing



  13. Microsoft Has Just Killed Minecraft for GNU/Linux and the Possibility of Free/Open Source Releases

    Persson sells out to Microsoft and lets the abusive monopolist destroy the popular cross-platform game that a community has been built around



  14. Another Reason to Boycott Intel UEFI

    More anti-competitive aspects are revealed inside UEFI, which helps merginalise GNU/Linux



  15. Quick Mention: Novell and SUSE Passed to Microsoft's 'Partner of the Year', Microsoft Focus

    Novell is changing hands again, and falling into the hands of even more Microsoft-friendly actors



  16. Links 16/9/2014: Linux 3.17 RC5, KDE Frameworks 5.2.0

    Links for the day



  17. Željko Topić, Benoît Battistelli, and the European Patent Office (EPO): Part II

    Part II of our look into the EPO appointment of Željko Topić and other matters showing the dubious integrity of the EPO



  18. Links 14/9/2014: Android-based Watches Earn Optimism

    Links for the day



  19. Links 14/9/2014: Eucalyptus Devoured

    Links for the day



  20. Links 11/9/2014: Linux Toilet Project, Linux-Based Wheelchair Project

    Links for the day



  21. Links 10/9/2014: Brian Stevens in Google, Ubuntu 14.10 Expectations

    Links for the day



  22. Links 9/9/2014: Hating/Loving Linux, Android Aplenty

    Links for the day



  23. Links 8/9/2014: Linux 3.17 RC 4, Switzerland Welcoming Snowden

    Links for the day



  24. Suspicion of High-Level Corruption at the European Patent Office (EPO): Part I

    The European Patent Office (EPO) Vice-President has a background of corruption and his appointment to the EPO too is believed to be reliant on systemic corruption



  25. Links 6/9/2014: Core OS at DigitalOcean, Women in Xorg

    Links for the day



  26. Software Patents 'Quality' Debated in Courts, Microsoft's Biggest Patent Troll Still a Chronic Liar

    Intellectual Ventures, Microsoft's and Bill Gates' largest patent proxy, continues to spread lies about its motivations, claiming that patent assessment is among the goals when in fact only the courts and patent offices do this



  27. New Article Explains How Bill Gates Prevents Schools From Moving to GNU/Linux and Free Software

    A new article from Al Jazeera provides details about the role of so-called 'charities' of billionaires inside school systems



  28. Microsoft Sued for Large-scale Copyright Abuses

    Microsoft reveals its disregard for copyright law which it loves so much to wield as a weapon against its competition and clients



  29. Links 5/9/2014: New WordPress, Systemd Debate Continues

    Links for the day



  30. 'Embrace and Extend' at Microsoft: The New Generation

    Some of the latest examples of Microsoft's predatory acts against Free software and against competition in general, disguised as acts of friendliness


CoPilotCo

RSS 64x64RSS Feed: subscribe to the RSS feed for regular updates

Home iconSite Wiki: You can improve this site by helping the extension of the site's content

Home iconSite Home: Background about the site and some key features in the front page

Chat iconIRC Channel: Come and chat with us in real time

CoPilotCo

Recent Posts