taint.org: Justin Mason’s Weblog

Patents: One of the key arguments in favour of the new EU software patenting directive as it’s currently worded, from the ‘pro’ side, is that it doesn’t ‘allow software patents as such’, since it requires a ‘technical’ inventive step for a patent to be considered valid.

Various MEPs have tried to clarify the meaning of this vague phrase, but without luck so far.

Coverage has mostly noted this as meaning that ‘pure software’ patents are not permissible, for example this Washington Post article, FT.com,and InformationWeek.

But is this really the case, in pragmatic terms? What does a ‘technical inventive step’ mean to the European Patent Office?

Well, it doesn’t look at all promising, according to this report from the Boards of Appeal of the European Patent Office from 21 April 2004, dealing with a Hitachi business method patent on an ‘automatic auction method’. The claims of that patent application (97 306 722.6) covered the algorithm of performing an auction over a computer network using client-server technology. The actual nature of this patent isn’t important, anyway — but what is important is how the Boards of Appeal judge its ‘technical’ characteristics.

The key section is 3.7, where the Board writes:

For these reasons the Board holds that, contrary to the examining division’s assessment, the apparatus of claim 3 is an invention within the meaning of Article 52(1) EPC since it comprises clearly technical features such as a “server computer”, “client computers” and a “network”.

So in other words, if the idea of a computer network is involved in the claims of a patent, it ‘includes technical aspects’. It then goes on to discuss other technical characteristics that may appear in patents:

The Board is aware that its comparatively broad interpretation of the term “invention” in Article 52(1) EPC will include activities which are so familiar that their technical character tends to be overlooked, such as the act of writing using pen and paper.

So even writing with a pen and paper has technical character!

It’s a cop-out, designed to fool MEPs and citizens into thinking that a reasonable limitation is being placed on what can be patented, when in reality there’s effectively no limits, if there’s any kind of equipment involved beyond counting on your fingers.

The only way to be sure is to ensure the directive as it eventually passes is crystal clear on this point, with the help of the amendments that the pro-patent side are so keen to throw out.

(BTW, I found this link via RMS’ great article in the Guardian where he discusses software patenting using literature as an analogy. recommended reading!)

Tags: appeal, article, board, computer, european, meaning, network, patent, patents, software, step

Life: seeing as yesterday was World No Tobacco Day, it’s worth noting that I gave up smoking last Thursday.

This is the first time I’ve taken the step of quitting with any seriousness. I’ve been smoking since I was 18 or 19, without any real attempts to quit before now. It was a gradual process, but imagining a smoker’s future, with the diseases and reduced life expectancy it involves, makes it quite sensible in the end. So far, it’s going pretty well — lots of occasional pangs, but nothing I can’t say no to… especially with the aid of Liquorice Altoids. wish me luck!

Tags: day, life, process, seriousness, smoking, step, thursday, time, tobacco, world, yesterday

Mr. Justice Bradley, discussing US patent law in 1882:

The design of the patent laws is to reward those who make some substantial discovery or invention, which adds to our knowledge and makes a step in advance in the useful arts. Such inventors are worthy of all favor. It was never the object of those laws to grant a monopoly for every trifling device, every shadow of a shade of an idea, which would naturally and spontaneously occur to any skilled mechanic or operator in the ordinary progress of manufactures.

Such an indiscriminate creation of exclusive privileges tends rather to obstruct than to stimulate invention. It creates a class of speculative schemers who make it their business to watch the advancing wave of improvement, and gather its foam in the form of patented monopolies, which enable them to lay a heavy tax upon the industry of the country, without contributing anything to the real advancement of the arts. It embarrasses the honest pursuit of business with fears and apprehensions of concealed liens and unknown liabilities to lawsuits and vexatious accountings for profits made in good faith.

Well said that man! (via)

Tags: advance, business, design, discovery, favor, invention, knowledge, law, patent, step

Patents: New Scientist: Sony patent takes first step towards real-life Matrix:

IMAGINE movies and computer games in which you get to smell, taste and perhaps even feel things. That’s the tantalising prospect raised by a patent on a device for transmitting sensory data directly into the human brain - granted to none other than the entertainment giant Sony.

It’s a very lame ‘first step’ though — Sony has done no research and development on this invention whatsoever, it’s just a patent form of the old ‘in the future, we’ll wear tinfoil suits! And here’s how they’ll probably work!’ speculation. Sony’s comment:

Elizabeth Boukis, spokeswoman for Sony Electronics, says the work is speculative. ‘There were not any experiments done,’ she says. ‘This particular patent was a prophetic invention. It was based on an inspiration that this may someday be the direction that technology will take us.’

That’s nice; I’m sure they have some in the pipeline for flying cars, too.

It’s good to know that if an inventor does eventually come up with an ultrasound-based human-computer brain interface, they’ll have to pay license fees to Sony so they can use their ‘prophecy’ in their invention. The USPTO’s high standards are being maintained, as usual…

Tags: brain, computer, imagine, invention, matrix, new, patent, patents, scientist, sony, step

Apache: Not content with distributing GPL’d software, Microsoft are now taking another step into the open-source world by shipping Apache-licensed code.

Not quite as big a deal as the GPL — but still, another interesting milestone.

Tags: apache, apache-licensed, code, content, deal, gpl, microsoft, milestone, software, step, world

Politics: The massive opposition to e-voting without a VVAT by Irish Citizens for Trustworthy Evoting and others, has clearly got Minister Martin Cullen thoroughly needled.

As John Lambe points out here, in the Dail on Wednesday he stated that ICTE are ‘not experts in this field’, ‘have no expertise or international accreditation’, and best of all, he has resorted to the 21st-century equivalent of calling ICTE ‘reds under the bed’ — they are apparently ‘linked to the anti-globalisation movement’. Here’s a cut and paste from the online transcripts:

Mr. Bernard Allen, FG: Electronic voting is a good idea but this system has been badly thought through and public confidence has been badly shaken by a Government unwilling to listen to anyone but its own so-called experts. The Government has called the introduction of this system a step forward, a point reiterated by the Minister. I submit that it is a retrograde step based on insufficient knowledge on the use of technology. The Minister has a new toy and thought everyone would like it. They do not. The Irish Computer Society said: ‘Any electronic voting system must include a paper-based voter-verified audit trail.’ The Minister in his arrogance recently said these people were cranks and Luddites.

Mr. Bernard Durkan, FG: Are they cranks?

Mr. Martin Cullen, FF: They are linked to the anti-globalisation movement. The Deputy should check them out. They are all the same.

Mr. Allen: It is all a–

Mr. Cullen: If Fine Gael bases its policies on such people, it is no wonder it is in decline.

Mr. Durkan: The people concerned are computer experts.

Mr. Allen: We do not know what the Minister’s policies are and where he stands on any matter.

Mr. Paul Kehoe, FG: The Minister should know more about policy having been a member of more than one party.

Mr. Allen: Irish technology experts have told the Government its system must include a paper-based voter-verified audit trail.

Mr. Cullen: They are not experts in this field.

Mr. Allen: The Minister has made a serious allegation about genuine people–

Mr. Cullen: They are not accredited to anything. They have no expertise or international accreditation.

(Interruptions).

Mr. Michael Ring, FG: Fianna Fáil are experts on everything. They have filled every tribunal in the country.

Mr. Allen: The Minister has come to this House and–

Acting Chairman (Jerry Cowley, Ind): Deputy Allen should direct his comments through the Chair.

Mr. Allen: The Chair should ask the Minister to cease interrupting.

Mr. Cullen: Such comments are pathetic. It is no wonder Fine Gael is in such a disorderly state.

Mr. Ring: Fianna Fáil are the experts.

Acting Chairman: I remind Members that this is not a Committee Stage debate. We are dealing with Second Stage and I ask Deputies to allow Deputy Allen to continue without interruption, please.

Mr. Allen: The Minister has vilified people who cannot protect themselves.

Mr. Durkan: Outside the House.

Mr. Allen: The Minister should withdraw the allegation against–

Mr. Cullen: I have not vilified them. I said they are not accredited–

Mr. Allen: The Minister said they are linked to the anti-globalisation movement and suggested we should check them out.

Mr. Cullen: Yes, they are.

Acting Chairman: Deputy Allen, please continue.

Mr. Allen: The Minister should withdraw that allegation against people who cannot protect themselves.

Mr. Cullen: I will not.

Acting Chairman: Deputy Allen, please continue.

Mr. Durkan: The Minister has cast aspersions on people outside this House. In accordance with Standing Orders–

Mr. Cullen: I think they are proud of their links.

Mr. Durkan: On a point of order, the making of such an allegation is not in accordance with the Standing Orders of this House. Perhaps the Minister would like to comment.

Acting Chairman: The Chair has ruled on that matter.

Mr. Durkan: With respect, the Chair has no authority to rule on this matter. Standing Orders apply.

Acting Chairman: That Chair has ruled on the matter.

Mr. Durkan: No, I am sorry, I do not agree. On a point of order, the Minister has cast aspersions–

Mr. Cullen: I paid them a compliment.

Mr. Durkan: The Minister has cast aspersions on people outside this House.

Mr. Cullen: They will regard my remarks as a compliment, a badge of honour.

Tags: audit, field, government, icte, irish, politics, step, system, technology, trail, voting

Steppe by Step (Guardian). “I started wondering if (the ’six degrees of separation’ theory) was true today. … So 35 years on from the original experiment, I decided to test out the urban myth on a world stage: how many steps would it really take to get to someone on the other side of the planet?”

The London-based “city girl” author, Lucy Leveugle, makes it in 9 steps (hey, the world has expanded!) to Purev-Ochir Gungaa, a nomadic herdsman in the middle of the steppes of Outer Mongolia. Amazing.

Tags: experiment, guardian, myth, separation, step, steppe, the, theory, today, world