[Fsf-friends] Update on Amendments to Patents Act

Nagarjuna G. nagarjun@gnowledge.org
Wed Mar 16 21:34:37 IST 2005


On Wed, Mar 16, 2005 at 08:42:29PM +0530, Ramanraj K wrote:
> Mahesh T. Pai wrote:
> 
> >Ramanraj K said on Wed, Mar 16, 2005 at 05:53:56AM +0530,:
> >
> >> <quote>
> >> Cyber expert and Supreme Court advocate Pawan Duggal pointed out that in 
> >> the US, software itself is patentable.
> >
> >Which is only the half the truth.
> >
> >IIRC, it began when the US supreme Court directed the USPTO to grant a
> >patent to  a specific  software hardware combination  which controlled
> >industrial production.
> >
> >By  executive action,  software patents  are being  granted.  I recall
> >reading on Groklaw that if the US Supreme Court reverses its position,
> >all software patents would be void there.
> >
> >Unfortunately,  no party  to patent  litigation in  that  country will
> >raise a contention that software is not patentable, because that would
> >be killing the  goose that lays golden egges. A  defendant in one case
> >will be a plaintiff in another.
> >
> That is why the "WTO Legal System" exists, and India, along with other 
> countries opposing grant of patents for computer programs could complain 
> against the illegitimate practice before the WTO.

Do we have enough reason to trust the WTO system?

Nagarjuna



More information about the Fsf-friends mailing list