On Monday 10 August 2009, Vickram Crishna wrote: > On Mon, Aug 10, 2009 at 11:37 AM, jtd <[email protected]> wrote: > > On Monday 10 August 2009, Dipendra Manocha wrote:> Although if I am able > > to prove that my software was published and I have > > > > > proof for it, then I can certainly fight it out in the court. How ever, > > > patent would be a proactive action to avoid getting into something like > > > this in first place. > > > > In court it's a whole can of worms. India uses "first to file" principle > > afaik. So publishing will set you back. > > Arguably, this is not a given. The very basic principle of patenting is > that the idea or innovation not be in the public domain, which is almost > trivial to prove in court (given prior publishing of the source code). Of > course, it would be ideal not to have to go to court, but the reality is > that patent holders often end up in court to defend their 'rights', in any > case.
In EU it's first to publish. And was first to publish in US until they switched to first to file. > > Also arguably, we *need* a few prominent cases in court, if only to > demonstrate to the courts that the Indian patent office is not exercising > full competence (and even perhaps, that such a system can never deliver > competently). One or two hefty fines should sort that out. Fine whom? parliament for the "per se" back door. To be fair though the subsequent qualifications of per se include rejection of terms "cause a computing machine to" etc. and imo the patent office is definetly overstepping it's brief in issuing software patents in conjunction with some hardware, as the patent should then be for "only for the machine code with that particular and only circuit arrangement". Further code running on a programmable machine should have already been filtered out from the patents process. Unfortunately, there isnt a modicum of due diligence being followed, besides the impossibility of prior art search and obviousness test. -- Rgds JTD _______________________________________________ network mailing list [email protected] http://lists.fosscom.in/listinfo.cgi/network-fosscom.in
