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THIS DOCUMENT IS WORK IN PROGRESS, WORLD-EDITABLE, AND NOT OFFICIAL POSITION OF ANYONE ...
FAQ
Q: Which known patents are consistent with the proposed EU parliament amendments?
Koch and Sterzel, Tauchcomputer (?)
Q: Which known patents are inconsistent with the proposed EU parliament amendments?
Amazon-1-click, progress bar, pension benefit system
mp3 needs more investigation (?)
Q: For a reasonable directive, what has to be added to the Council version?
The Bundestag amendments demand
- definition of technical via natural forces
- interoperability
- no program claims
Q: For a reasonable directive, what can be subtracted from the Parliament version?
There is no official FFII position on this, but some people note that there is no consensus on the (entirely orthogonal question) of the grace period in article 11(e). Also demand of licensing terms of the reference implentation in 7(5) is somewhat orthogonal to the patentability question, which could be clarified.
Q: Does FFII want patentability at all?
FFII does have a "negative" position that computer programs should not be patentable, due to the broadness of the alliance it does not try to have a "positive" position what should be patentable. The FFII mission statement however touts copyright as a means of software protection, so it is not anti-IP.
Q: I'm a company, and consider patenting xxx. Is that bad?
Go for it if you like, it is ok to own a gun when gun when everybody has a gun, but favoring general disarmament instead. Think twice however before putting serious financial and work resources into it, showcases where patents have been a real asset for an SME also have not been that often.
