Subject: Re: [linux-audio-dev] a new patent to worry about
From: Andrea Glorioso (sama_AT_miu-ft.org)
Date: Wed Aug 25 2004 - 23:02:53 EEST
>>>>> "Erik" == Erik de Castro Lopo <erikd-lad_AT_mega-nerd.com> writes:
> On Tue, 24 Aug 2004 16:09:37 +0000
> Jennifer Dillon <dmidi_AT_l4l.ie> wrote:
>> Do the new patent laws allow somebody to patent methods that
>> are already in the public domain???
> Currently the the USPTO is allowing just about anything to be
> patented and the PTO simply doesn't have the manpower to do
> proper prior art searches. This effectively means that something
> already in the public domain could end up being patented by
> someone.
> However, if prior art existsm the patent can be challenged and
> overturned.
Only if you have enough money and time to afford to do that.
Microsoft (and IBM and a ton of other big companies, for the record)
have it. I don't - and I don't know how many members of the LAD list
do.
>From a purely theroretical point of view, almost 99% [0] of the
software patents that have been granted in the US and in the EU [1]
are not dangerous, because they obviously fail the `priort art' and/or
on the `innovative' checks.
Actually going from theory to practice when confronted with a
multinationall behemoth can be, let's say, "non-trivial".
Sorry for the OT rambling.
Bye,
--
Andrea Glorioso sama_AT_miu-ft.org +39 333 820 5723
.:: Media Innovation Unit - Firenze Tecnologia ::.
Conquering the world for fun and profit
[0] No, I didn't check all of them. That's a metaphorical number (you
thought imaginary numbers were enough, didn't you?)
[1] Yes, software patents are granted in the EU even though, as of
today, it's not legal to do it.
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