Raúl Alexis Betancor Santana wrote: > Just to say what I know about software patents in EU, THEY ARE NOT LEGAL, all > SOFTWARE is under "Intelectual rights law" (European copyright law), no > matter waht EE.UU or Japan companies have tried with the EPO office, all that > patents are not legal, because point 5.2 of the European Patents Convention > say CLEARLY that ".. all computer programs could not be patented...", in EU > and algorithm could not be patented, in EU a software program that implements > and algorithm could not be patented, thats all. > > EE.UU and Japan lobbies have tried during the last 5 years to introduce > changes on the EPO trought the CE, but they have failed. > > You could check here (in spanish)... > http://proinnova.hispalinux.es/infopaquetes/carta-directiva/index.html > Look at the references, they are in english, french, german and other > languages. > > To finish this ... Pantents have been grant on EPO about software, but they > are not legal, EE.UU and Japan companies are sending a lot of software > patents to the EPO, and the EPO is granting them, but they are not legal > until the European Commision changes the European Patents Convention and > there are a lot of groups fighting agains this. > I can't find anything in what you said that appears relevent to the discussion so far. We haven't been discussing software patents. The patents under discussion are non-software patents implemented in software. I tried following a couple of links from that Spanish page and they took me to pages in English from advocacy groups who said nothing authoritative. In fact, a few of the comments I read were quite silly. > So in conclusion, on EU you could patent an invention (hardware system + > software) but not the software itself, or the idea behing it. EPO office is > not so permisive as the EE.UU one. > On EU the only thing you could do with your software (an implementation of an > Idea or algorithm) is claiming your "Intelectual rigths" if someone stole > it .. This thing about hardware + software versus software alone is an area which is could be considered worthy of discussion. However, software won't do anything without hardware, and component makers are not entirely exempt from patent issues - for example, kits of parts are as liable as complete products.
Regards, Steve _______________________________________________ Callweaver-dev mailing list [email protected] http://lists.callweaver.org/mailman/listinfo/callweaver-dev
