>>>> "Erik" == Erik de Castro
Lopo <erikd-lad(a)mega-nerd.com> writes:
On Tue, 24 Aug 2004 16:09:37 +0000
Jennifer Dillon <dmidi(a)l4l.ie> wrote:
> Do the new patent laws allow somebody to patent
methods that
> are already in the public domain???
Currently the the USPTO is allowing just about
anything to be
patented and the PTO simply doesn't have the manpower to do
proper prior art searches. This effectively means that something
already in the public domain could end up being patented by
someone.
However, if prior art existsm the patent can be
challenged and
overturned.
Only if you have enough money and time to afford to do that.
Microsoft (and IBM and a ton of other big companies, for the record)
have it. I don't - and I don't know how many members of the LAD list
do.
From a purely theroretical point of view, almost
99% [0] of the
software patents that have been granted in the US and in the EU
[1]
are not dangerous, because they obviously fail the `priort art' and/or
on the `innovative' checks.
Actually going from theory to practice when confronted with a
multinationall behemoth can be, let's say, "non-trivial".
Sorry for the OT rambling.
Bye,
--
Andrea Glorioso sama(a)miu-ft.org +39 333 820 5723
.:: Media Innovation Unit - Firenze Tecnologia ::.
Conquering the world for fun and profit
[0] No, I didn't check all of them. That's a metaphorical number (you
thought imaginary numbers were enough, didn't you?)
[1] Yes, software patents are granted in the EU even though, as of
today, it's not legal to do it.