"This notice provides further guidance on how patent examiners will assess the patentability of inventions with particular emphasis on the exclusion of computer programs as such. It follows the recent judgment of the Court of Appeal in the case of Symbian Ltd's Application [2008] EWCA Civ 1066 ("Symbian"). It should be read with the Practice Notices dated 2 November 2006 and 7 February 2008 on patentable subject matter."
Monday, December 15, 2008
Patent Prowess
"Tech stocks may still be dropping in markets around the world, but that isn’t because companies are running out of new ideas, to judge from the compilation IEEE Spectrum is publishing here for the third year in a row. Last year inventors and their employers continued to file patent applications at an ever-increasing rate: there were 456 154 applications for U.S. “utility” patents—those for inventions as opposed to design ideas, new organisms, and so on—an increase of 7 percent over 2006."
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http://www.masshightech.com/stories/2008/12/08/focus3-Software-and-business-method-patents-post-Bilski.html
A case against Microsoft was filed on the 12th of September, after the Prosecution company Paltalk discovered that Microsoft broke one their patents they filed in 1998 with the use of their Xbox Live service.
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Software and business method patents, post-Bilski
"Earlier this month, the U.S. Court of Appeals for the Federal Circuit upheld a ruling by the U.S. Patent Office denying a patent for methods of hedging in commodities trading. The decision, In re Bilski, is significant because it raises the bar for “business methods” and software-related patents. Companies pursuing or enforcing such patents would be wise to survey the post-Bilski landscape."
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Monday, November 24, 2008
No such thing as effective license enforcement
"The business model Microsoft uses for software like MS Windows and MS Office is, officially, dependent upon the assumption that the corporation can prevent people from using the software without explicit permission from Microsoft or one of its agents or partners. Ultimately, what this means for Microsoft’s current business model is that it relies on the assumption that it can somehow both provide customers with everything needed to run the software and, at the same time, prevent people from using the software for reasons that are not specific to any given copy of the software."
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Wednesday, October 22, 2008
Access to Knowledge in Brazil: New Research on Intellectual Property, Innovation and Development
The first book in this series, Access to Knowledge in Brazil, focuses on current issues in intellectual property, innovation and development policy from a Brazilian perspective. Each chapter is authored by scholars from the Fundação Getulio Vargas law schools in São Paolo and Rio de Janeiro and examines a policy area that significantly impacts access to knowledge in the country. These include: exceptions and limitations to copyright, free software and open business models, patent reform and access to medicines, and open innovation in the biotechnology sector.
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Out in the open
"While most user and vendor executives think of open-source licensing as General Public Licence (GPL), Berkley Software Distribution (BSD), and perhaps one or two others, in reality there are probably more than 1000 types of open source in the market. That number is likely to increase - as are the complexities of the licences themselves, and the issues regarding licence compliance."
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