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posted by on Thursday May 04 2017, @06:48AM   Printer-friendly
from the patent-crazy dept.

Submitted via IRC for TheMightyBuzzard

When it comes to software patents, the US is no longer the place to be. China might be it and as the EPO mimics China — as disturbing as that may be also in the human rights aspect — patent law firms now openly say that it's easier to get (and/or defend) software patents in Europe than it is in the US.

Over the past 3 years we have been writing a lot about Alice — the Supreme Court (SCOTUS) decision that ended a lot of software patents in the US. For software patents to withstand a court's scrutiny (the higher, the harder) has become the exception rather than the norm. The Court of Appeals for the Federal Circuit (CAFC) has just reaffirmed this position (late on Friday). There is still no sign — however remote — that SCOTUS will revisit a case like Alice, but sites like Watchtroll work hard lobbying for such a thing to happen. We last gave an example of that approximately one week ago. Just escalated up to SCOTUS were a bunch of cases that involve no software patents at all; there was also Sandoz v Amgen.

Source: http://techrights.org/2017/04/30/not-overturning-alice/

[Ed. Note: The Alice decision referred to is Alice Corp. v. CLS Bank International. See also: A non-paywalled article about Sandoz v. Amgen.]


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  • (Score: 0) by Anonymous Coward on Thursday May 04 2017, @08:07AM (2 children)

    by Anonymous Coward on Thursday May 04 2017, @08:07AM (#504236)

    The US finally getting off the software patent train? Hoorah!

    China taking the US's place on the software patent train: Well they ignored everybody else's patents and stole everybody else's tech, so let us return the favor! Anybody buying into China as a market to grow into is a sad fool if china retains 51 percent ownership anyways.

  • (Score: 2) by Arik on Thursday May 04 2017, @05:03PM (1 child)

    by Arik (4543) on Thursday May 04 2017, @05:03PM (#504401) Journal
    And this is one of the problems with citing-blogs-as-news sources.

    Presumably the regular readers of this gents blog already know who he is, what his qualifications are, and have either made a decision that they find him reasonably credible, or absolutely hilarious, or whatever. So it makes sense for him to write this way - his intended audience is going to have the background to take it in properly.

    Random passerbys that see this cited as new, however, do not have that background, and may not be able to evaluate the credibility or lack thereof at all.
    --
    If laughter is the best medicine, who are the best doctors?
    • (Score: 1, Informative) by Anonymous Coward on Thursday May 04 2017, @08:36PM

      by Anonymous Coward on Thursday May 04 2017, @08:36PM (#504516)

      Roy's domain was originally called BoycottNovell and concentrated on the pact[1] which Novell/SuSE made with MSFT.
      [1] **We won't sue you to death if you do things our way.**

      With the subsequent acquisition of Novell and SuSE's reduced influence among distros over time, Roy has gotten a new domain name and has redirected his focus multiple times.

      For the last SEVERAL YEARS, he (and his associates) have concentrated their focus on the European Patent Office and on the efforts of "developed" countries to get less-developed countries to adopt a maximalist approach to intellectual property/imaginary property rights.

      His opinions are based on careful, extended observation.
      Folks may not agree with his positions/analysis, but, as deeply steeped in the subject as he is, he's hardly plucking those out of the air randomly.

      -- OriginalOwner_ [soylentnews.org]