[Fsf-friends] Yet another shameless day in India

[Ramanraj K]

Richard Stallman wrote:

>These reports are good news, but they don't mean we have won.  If the
>old patent law is allowing software patents in, keeping it unchanged
>won't keep them out.
>
>We have to do something more.  But we have lost the chance to try to
>use this patent bill to do it.  Ramanraj thinks these patents are
>invalid and that the law is being misapplied.  Is there a way to
>convince the patent office of that?  Should we go to court and see?
>Or should we hope that doubts about validity restrain the patent holders
>from using their patents against Indian software developers and users?
>
Defending false and illegal claims should be easier.

Before  we proceed  to the  effect of  grant of  patents, it  would be
useful to  understand the  system of *land*  registration in  vogue in
India. Land  is immovable,  physically verifiable, could  be surveyed,
measured and described rather accurately with help of landmarks, field
maps, ariel surveys, satellite pictures etc. 

Globally, two systems of land registration exist:

[1]Deed  System  followed  in  India  etc.

[2]Torrens  System, in vogue in  Australia, Canada etc.  

Under  the  Torrens  system,  registration  both  notifies  about  the
transfer and also  actually vests the land in  the transfree. Whereas,
under  the  Deed  System  followed  in India,  transfer  of  immovable
properties is made by  execution and registration, where the Registrar
is duty-bound to register the deed without examination of the validity
of the same.  Mere registration gives no assurance to the purchaser as
to the title in  land.  It is a general statement to  the world that a
particular document has been executed.   A person with no interest may
sell,  say even  a clearly  public place  such as  Marina  Beach, with
little or no consequence,  except that the Registration department has
earned some revenue by way  of stamp duty.  Naturally, the Deed System
is an easy source for disputes between those who own property, and one
of the main  source of "work" for lawyers in the  civil side.  Such is
the system of  *land* registration in vogue in India -  a far cry from
the Torrens system.

Now, Patents are "intellectual  properties" abstracted out of the thin
air.  Though  originally, the Patent  Offices appear to  have insisted
upon the production  of a real and working model  of the invention, it
is no  longer the  rule, and the  invention is merely  asserted airily
under a written document and there is no need to map the abstract to a
working model of the invention.  "Prior  art" is just that - any "art"
that  may exist  in prior  filings.  It  is believed  that  30 million
patents are  in force.  Given  our *land* registration  system, please
imagine the kind of verification that  could be done to rule out prior
art.  Grant  of patents is  definitely not infallible,  and naturally,
they could be  questioned before a court.  The  claims of the patentee
are taken at face value and do not mean much.

Arun has listed  some of the "patents" granted  recently, and there is
one regarding  a method  of payment.  Nothing  could be  more comical.
Legal tender of money is defined  by law, and it is innane nonsense to
grant  a patent  for  a method  of  payment.  We  should ignore  these
"patents" just as we would ignore a "sale of Marina Beach".

BTW, just  a thought: it may be  useful to study if  Torrens system is
worth following in India :)