Re: Is anyone packaging `lame' ?
>> 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?
A garden hose (the physical object) cannot be patented because it's
not an invention (after all, it's a physical object). However,
producing, distributing or using the garden hose might infringe a
Medical treatments are explicitly excluded from the list of patentable
inventions. However, pharmaceutics can be patented, and a treatment
that uses them can infringe such a patent.
The existing European software patents were granted based on the
assumption that you can differentiate between a computer program and
its underlying ideas. I think such a distinction is indeed possible,
and granting theese patents does not contradict Article 52. But I
strongly believe that as a matter of policy, software should be
privileged in such a way that creating, distributing and using it
cannot infringe any patents.