Re: [d@DCC] Current worldwide status of Software Patent policy.

From: Chris Palmer <cpalmer _-at-_ accesscable.net>
To: General Discussion <discuss (at) digital-copyright.ca>
Date: Tue, 18 Feb 2003 20:44:41 -0400
References: <Pine.LNX.4.44.0302181752010.27083-100000@calcutta1.flora.ca>

I suspect, Russel, that you will find a great tidal wave of irrelevant
material. Where the lawyers whine that there have been no cases decided in
couirt, so no one really knows what the law is.

A google search of software + patent + Canada returned 200,00 items
(how???), anyway a couple  might be worth follwing o\up

http://www.canadalawbook.ca/headlines/headline40_arc.html

.... Lack of court decisions mean that even software patent claims are still
open to broad interpretation.

"In Canada we do not have any clarity as to whether business methods will be
patentable," says Mr. Anglehart. "We don't even know yet how the patent
office will respond to such application... and we have no real guidance from
the courts."

...The problem is, Canadians are not accustomed to protecting their IP. A
cultural shift in mindset must also occur to keep pace with initiatives like
free trade. Failing to do so, may jeopardize Canada's role in the new
economy.

http://www.shapirocohen.com/softpatents.htm

discussion of leading case in Canada

http://wwlia.org/ca-soft.htm

Computer software law in Canada.

http://www.cph.com/Publications/protecting_software.html

Some international differences

http://www3.oup.co.uk/inttec/hdb/Volume_08/Issue_03/080231.sgm.abs.html

At this time, Canada is offering almost no protection for computer programs
and databases, whereas the United States, through judicial decisions such as
that given in the State Street case, have opened the floodgates for software
patent claims. Europe exemplifies a happy medium.

and many many more, you could spend months on this...

Chris


----- Original Message -----
From: "Russell McOrmond" <russell@flora.ca>
To: <patents@aful.org>
Cc: "General Copyright Discussions" <discuss@digital-copyright.ca>;
<gigalaw-discuss@lists.gigalaw.com>
Sent: Tuesday, February 18, 2003 7:06 PM
Subject: [d@DCC] Current worldwide status of Software Patent policy.


>
> Dear list members,
>
>   I am a self-employed consultant doing a report on the issue of software
> patents.  While I am personally on the side of believing that software
> should be ineligible for patents, a complete report needs to include
> references worldwide to the current state of the question, and present
> this factual information in an unbiased manner.
>
>   Any links to current references would be appreciated.  I am looking for
> what is said within the patent acts of various countries, current
> practices of patent offices, and precedent on key software patent cases
> that made it to court.
>
>   While the report is focused on software patents, I am also interested in
> the general question of patentability in each country and whether it is
> clear to the relevant stakeholders in each country whether software or
> other hotly debated forms of patents are eligible.
>
> ---
>  Russell McOrmond, Internet Consultant: <http://www.flora.ca/>
>  Any 'hardware assist' for communications, whether it be eye-glasses,
>  VCR's, or personal computers, must be under the control of the citizen
>  and not a third party.   -- http://www.flora.ca/russell/
>
> --
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