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Re: patents and software, not software patents [was: Is anyone packaging `lame' ?]



On Mon, Dec 27, 2004 at 03:26:35PM +0100, cobaco (aka Bart Cornelis) wrote:
> On Monday 27 December 2004 14:58, Florian Weimer wrote:
> > >> You deleted the part about the patent on a transmission system
> > >> involving compression.  The relevant European patents are EP 0400755,
> > >> EP 0402973, EP 0599824 and EP 0660540.
> > >
> > > as current EU legislation explicitly forbids software-patents[1] none
> > > of those are currently legal.
> >
> > Quite a few European companies which have licensed those patents seem
> > to disagree.
> >
> > > [1] In article 52 of the European Patent Convention of 1973 it is
> > > stated that mathematical methods, intellectual methods, business
> > > methods, computer programs, presentation of information etc are not
> > > inventions in the sense of patent law
> >
> > Unfortunately, Article 52 doesn't state that these things cannot
> > infringe any patent claims, which is the more important thing for us.
> 
> You lost me there: 
> how can something that's explicitly excluded from being covered by patents 
> possibly infringe a patent?

I presume that what Florian means is that, while you cannot patent a
software invention, an implementation in software of a patented process or
mechanism (which is otherwise implemented in some non-software form) is
still an infringement of the patent.

It wouldn't happen real often, but I can certainly imagine a few cases where
such a thing could happen.

- Matt

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