http://www.financialexpress.com/fe_full_story.php?content_id=85335
<quote> Cyber expert and Supreme Court advocate Pawan Duggal pointed out that in the US, software itself is patentable.
So are business process methods embedded in hardware. “Not allowing software and software embedded with hardware will cut significantly India’s share in the patent pie,” he said. </quote>
If software is patentable in the US, it merely means that the US is clearly violating TRIPS and India should complain to the WTO against the illegitimate and inane practice.
So far as the other argument goes, it is as bad as saying not enough people are suffering from cancer, depriving hospitals, pharmaceuticals and graveyards from revenue.
Ramanraj K said on Wed, Mar 16, 2005 at 05:53:56AM +0530,:
<quote> Cyber expert and Supreme Court advocate Pawan Duggal pointed out that in the US, software itself is patentable.
Which is only the half the truth.
IIRC, it began when the US supreme Court directed the USPTO to grant a patent to a specific software hardware combination which controlled industrial production.
By executive action, software patents are being granted. I recall reading on Groklaw that if the US Supreme Court reverses its position, all software patents would be void there.
Unfortunately, no party to patent litigation in that country will raise a contention that software is not patentable, because that would be killing the goose that lays golden egges. A defendant in one case will be a plaintiff in another.
Mahesh T. Pai wrote:
Ramanraj K said on Wed, Mar 16, 2005 at 05:53:56AM +0530,:
<quote> Cyber expert and Supreme Court advocate Pawan Duggal pointed out that in the US, software itself is patentable.
Which is only the half the truth.
IIRC, it began when the US supreme Court directed the USPTO to grant a patent to a specific software hardware combination which controlled industrial production.
By executive action, software patents are being granted. I recall reading on Groklaw that if the US Supreme Court reverses its position, all software patents would be void there.
Unfortunately, no party to patent litigation in that country will raise a contention that software is not patentable, because that would be killing the goose that lays golden egges. A defendant in one case will be a plaintiff in another.
That is why the "WTO Legal System" exists, and India, along with other countries opposing grant of patents for computer programs could complain against the illegitimate practice before the WTO.
On Wed, Mar 16, 2005 at 08:42:29PM +0530, Ramanraj K wrote:
Mahesh T. Pai wrote:
Ramanraj K said on Wed, Mar 16, 2005 at 05:53:56AM +0530,:
<quote> Cyber expert and Supreme Court advocate Pawan Duggal pointed out that in the US, software itself is patentable.
Which is only the half the truth.
IIRC, it began when the US supreme Court directed the USPTO to grant a patent to a specific software hardware combination which controlled industrial production.
By executive action, software patents are being granted. I recall reading on Groklaw that if the US Supreme Court reverses its position, all software patents would be void there.
Unfortunately, no party to patent litigation in that country will raise a contention that software is not patentable, because that would be killing the goose that lays golden egges. A defendant in one case will be a plaintiff in another.
That is why the "WTO Legal System" exists, and India, along with other countries opposing grant of patents for computer programs could complain against the illegitimate practice before the WTO.
Do we have enough reason to trust the WTO system?
Nagarjuna
Nagarjuna G. wrote:
On Wed, Mar 16, 2005 at 08:42:29PM +0530, Ramanraj K wrote:
That is why the "WTO Legal System" exists, and India, along with other countries opposing grant of patents for computer programs could complain against the illegitimate practice before the WTO.
Do we have enough reason to trust the WTO system?
Any state that does not trust the WTO or the traders for whose benefit it exists, should leave it asap.
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Mahesh T. Pai -
Nagarjuna G. -
Ramanraj K