[ NNSquad ] Facebook, Google, Zynga Ask Courts To Reject Patents On Abstract Ideas That Plague Tech Innovation

[Erik Josefsson <erik.hjalmar.josefsson@gmail.com>]

As a follow up on software patents, and the #PatentPackage vote tomorrow Tuesday 11 December, here's Google et al on the subject matter test:

Facebook, Google, Zynga Ask Courts To Reject Patents On Abstract Ideas That Plague Tech Innovation
"Many computer-related patent claims just describe an abstract idea at a high level of generality and say to perform it on a computer or over the  Internet. Such barebones claims grant exclusive rights over the abstract idea itself, with no limit on how the idea is implemented. Granting patent protection for such claims would impair, not promote, innovation by conferring exclusive rights on those who have not meaningfully innovated, and thereby penalizing those that do later innovate by blocking or taxing their applications of the abstract idea[…]"

Link: http://techcrunch.com/2012/12/09/reject-abstract-patents/


The European Patent Convention from 1973 (retabled as AM 73 in the Patent Package) says in art 52.1-2:

EPC Article 52(1-2) - Patentable inventions
(1) European patents shall be granted for any inventions, in all fields of technology, provided that they are new, involve an inventive step and are susceptible of industrial application.
(2) The following in particular shall not be regarded as inventions within the meaning of paragraph 1:
(a) discoveries, scientific theories and mathematical methods;
(b) aesthetic creations;
(c) schemes, rules and methods for performing mental acts, playing games or doing business, and programs for computers;
(d) presentations of information.

Link: http://www.epo.org/law-practice/legal-texts/html/epc/2010/e/ar52.html


The vote tomorrow will be a nightmare not only with regards to software patents.


The Court of Justice of the European Union will make a press statement *during the debate* in the European Parliament whether the patent Package is constitutional or not:

http://curia.europa.eu/jcms/jcms/Jo1_6581/?dateDebut=11%2F12%2F2012&dateFin=11%2F12%2F2012&typeC=C&numAffaire=C-274%2F11&langueProc=&nomPartie=&juridictionC=C&opSearch=recherche


European activism is now doing an ACTA style "Call your MEP" campaign:

http://call.unitary-patent.eu/campaign/call2/unitary-patent-plenary-12-2012?setlang=en


Best regards.

//Erik

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