On Tue, Aug 17, 2010 at 12:26 PM, jtd <[email protected]> wrote: > On Monday 16 August 2010 11:43:18 Krithika wrote: > > Even if such opposition is based on the " quality " argument, > > rather > > > > > than the fundamental issue of granting patents to software? > > > > The main ground of opposition should be on non-patentability of > > subject matter (software) under Section 3(k). The grounds of > > obviousness and novelty however, also serve a useful purpose: > > > > (a) In the event the 3(k) argument is rejected, these arguments > > serve as backup for the patent to be rejected on other grounds. > > Although the victory would not be great in terms of obtaining a > > ruling against patentability of software per se, it would avoid > > setting a bad precedent which is in favour of software patents > > (which might have happened in case the opposition was altogether > > rejected). > > > > (b) In the event the 3(k) argument is accepted, the other two > > grounds would only buttress our point on why it is good that > > software is not patentable under law - these "inventions" lack > > novelty and are obvious. I feel this would only bolster our case on > > fundamental opposition to the practice of granting patents to > > software. > > > > Either way, 3(k) should be the main ground but not without being > > followed up by other grounds of objection. > > Excellent. Both you and Prasanth Sugathan concur on the course of > action. > > So do we have a list of potential patents to challenge? >
Yes. We have done a patent search and have looked at several possible applications we can challenge. It is, in fact, alarming to see how many patent applications, very obviously for software (and with very little innovation - at least on the face of it), have been filed in Indian patent offices. We, at CIS, even have a potential list of patent applications which will cause significant impact on public interest, if granted. As I mentioned earlier, we are currently looking to file an opposition to a software patent application incidentally filed by Microsoft. We are however, also looking at applications by many other applicants, such applications consisting purely of software claims, which we would want to oppose in due course. We are open to any support, ideas and suggestions in either looking at other potential applications we may have missed or inputs to enrich the work we have already begun. Cheers Krithika > > > > -- > Rgds > JTD > _______________________________________________ > network mailing list > [email protected] > http://lists.fosscom.in/listinfo.cgi/network-fosscom.in >
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