jm + software-patents   3

In historic vote, New Zealand bans software patents | Ars Technica
This is amazing news. Paying attention, Sean Sherlock?
A major new patent bill, passed in a 117-4 vote by New Zealand's Parliament after five years of debate, has banned software patents. The relevant clause of the patent bill actually states that a computer program is "not an invention." Some have suggested that was a way to get around the wording of the TRIPS intellectual property treaty, which requires patents to be "available for any inventions, whether products or processes, in all fields of technology." [...]

One Member of Parliament who was deeply involved in the debate, Clare Curran, quoted several heads of software firms complaining about how the patenting process allowed "obvious things" to get patented and that "in general software patents are counter-productive." Curran quoted one developer as saying, "It's near impossible for software to be developed without breaching some of the hundreds of thousands of patents granted around the world for obvious work."
"These are the heavyweights of the new economy in software development," said Curran. "These are the people that needed to be listened to, and thankfully, they were."
new-zealand  nz  patents  swpats  law  trips  ip  software-patents  yay 
august 2013 by jm
How the America Invents Act Will Change Patenting Forever
Bet you didn't think the US software patents situation could get worse? wrong!
“Now it’s really important to be the first to file, and it’s really important to file before somebody else puts a product out, or puts the invention in their product,” says Barr, adding that it will “create a new urgency on the part of everyone to file faster -- and that’s going to be a problem for the small inventor.”
first-to-file  omnishambles  uspto  swpats  patents  software-patents  law  legal 
march 2013 by jm
How Newegg crushed the “shopping cart” patent and saved online retail
Very cool account of Newegg's battle against a ludicrous patent-troll shakedown. Great quote from their Chief Legal Officer, Lee Cheng:
Patent trolling is based upon deficiencies in a critical, but underdeveloped, area of the law. The faster we drive these cases to verdict, and through appeal, and also get legislative reform on track, the faster our economy will be competitive in this critical area. We're competing with other economies that are not burdened with this type of litigation. China doesn't have this, South Korea doesn't have this, Europe doesn't have this. [...]

It's actually surprising how quickly people forget what Lemelson did. [referring to Jerome Lemelson, an infamous patent troll who used so-called "submarine patents" to make billions in licensing fees.] This activity is very similar. Trolls right now "submarine" as well. They use timing, like he used timing. Then they pop up and say "Hello, surprise! Give us your money or we will shut you down!" Screw them. Seriously, screw them. You can quote me on that.
patent-trolls  east-texas  newegg  shopping-cart  swpat  software-patents  patents  ecommerce  soverain 
january 2013 by jm

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