This from The Register: Anti-software patent campaigners inward the U.S. own got taken their contend to the courts. The Electronic Frontier Foundation (EFF), Public Knowledge and the Consumers Union have joined forces to file an amicus brief amongst the U.S. Court of Appeals, asking for ambiguous patents to endure declared invalid. The brief was filed inward Phillips v. AWH Corporation, next a asking from the appeals courtroom for manufacture together with world opinions on several issues of electrical current patent law, the EFF said. This is the latest pace inward the EFF's drive against broad software patents: inward July the scheme drew upwards a top-ten listing of the worst offending filings, maxim it would operate to meet that all x were overturned. Now it wants the courts to accept a to a greater extent than stringent approach to awarding the patents inward the showtime place.
"Aggressive patent holders are using vague patent linguistic communication to induce havoc inward the software together with Internet fields",said EFF legal eagle Jason Schultz.
"We're asking the courtroom to rein inward these claims past times limiting their orbit to exclusively those things clearly position out inward the patent itself".The Foundation for a Free Information Infrastructure (FFII) responded cautiously to the announcement. It welcomed the action, but emphasised its seat that attacking bad patents is non the whole solution. Influenza A virus subtype H5N1 spokesman for the scheme told the Register:
"There are ii things here. The first, the skilful point, is that it highlights to a wider audience only how bad or together with then software patents are inward the US. But our work concern is that this variety of matter could range the impression that nosotros exclusively demand to worry nearly bad patents, that if exclusively patents were awarded according to the rules, properly examined together with checked for prior art, everything would endure OK. We don't believe that to endure the case. We believe, to a greater extent than fundamentally, that the whole nature of patents on reckoner code is a mistake".The EFF says that at the moment, U.S. courts are interpreting vague damage inward patents equally broadly equally possible, together with volition uphold a patent unless it is deemed besides ambiguous. This way "improper patents of uncertain scope" are protected, giving enough of operate to legal departments, but stifling innovation together with competition.
looks forrad to seeing skilful inventions properly patented together with unmeritorious ones swept away. If exclusively he could uncovering the draw betwixt them ...
Vague linguistic communication here, here and here
Precise linguistic communication here, here and here
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