On May 24, 2007, at 9:50 PM, Benny Amorsen wrote: >>>>>> "SU" == Steve Underwood <[EMAIL PROTECTED]> writes: > > SU> Benny Amorsen wrote: > >>> No, the other way around. When the product is purely software, no >>> hardware involved, the patents do not apply in the EU. > > SU> Can you point to supporting legal argument for such a broad > SU> statement? > > The EPC article 52 (2) (c) is completely specific: > > (2) The following in particular shall not be regarded as inventions > within the meaning of paragraph 1: > > (c) schemes, rules and methods for performing mental acts, playing > games or doing business, and programs for computers;
This is only relevant to the examination process BEFORE a patent grant. It does not mean that you have an option to disregard a granted patent on the grounds that you implement it in software. Instead it means that a patent examiner in the EU has the option of rejecting an application on the grounds that it is an attempt to patent a computer program. However, if the examiner has a different view and he grants the patent, then that patent is valid. Period. Even a totally bogus patent for which truckloads of prior art existed when it was filed is valid if the patent office was neglectful and granted it. The G729 and AMR patents are valid patents in the EU and you do not have any choice to opt out of them. You do however have the choice to challenge those patents in court and try to get them revoked. Until then they are valid and apply to you and everybody else. _______________________________________________ Callweaver-dev mailing list [email protected] http://lists.callweaver.org/mailman/listinfo/callweaver-dev
