[Date Prev][Date Next] [Thread Prev][Thread Next] [Date Index] [Thread Index]

Re: libdts patent issue?

Michael K. Edwards wrote:
> Is there no "presumptively valid" standard in any country in Europe --
> or does it not apply to patents that actually issue under that
> country's laws, unless and until they are demonstrated to be invalid
> in court?

There's no explicit law that says patent are presumed valid, but
it's what the courts will assume unless the defendant raises a
good defense. But again this differs from country to country.

The situation is a little more complex, because the European Patent
Office issues the patents following its own interpretation of the
European Patent Convention. National courts then determine
infringement and validity. There's no requirement that the national
courts follows the EPO's interpretation. It is the usual practice though.

And I don't want to restart the whole "software patents are valid/
invalid in Europe" discussion. The attempt to pass a European
directive to regulate the issue failed. All that means is that
we're back at square one: waiting for national caselaw. 

I don't know of any caselaw in any European country in the past ten
years that says "This European patent is invalid because it's a
computer program as such."


Arnoud Engelfriet, Dutch & European patent attorney - Speaking only for myself
Patents, copyright and IPR explained for techies: http://www.iusmentis.com/

Reply to: