[Linux-aus] Re: Dealing with the patent process

pia at linux.org.au pia at linux.org.au
Wed Aug 4 09:46:01 UTC 2004

Hi Ron, 

Ronald Skeoch writes: 

> On Wed, 2004-08-04 at 08:28, Arjen Lentz wrote:
=> I believe you are missing the point
> we are not talking about australian patents but,
> already issued US patents issued through a broken system
> being accepted here.
> perid of review is over, to overturn same will cost you say $us 500K
> (we know that Microsoft and others will defend strongly)

Actually, I was under the impression that all US patents would have to go 
through the local normal patents process (and this has already started, so 
we need to get our skates on). Perhaps a lawyer could confirm this? :) 

I think that by doing this we can over 6-12 months come up with x number of 
patents we have as a community proven prior art on, and therefore gives us 
stronger grounds by which to contest the patents system. I personally don't 
see how this FTA can possibly live out its entire term given that so many 
pollies are having to create ammenments and exceptions to make it even 
vaguely workable. We need to be ready, and prepared to present our case, and 
argue our issues when the public starts to seriously question the merits of 
the FTA (probably 1-3 years away). We need to ensure we do this, as no one 
else seems willing to do it. 

See my other post for other related bits, about how the public outrage will 
see us ahead if anything really drastic is attempted. Our protection lies in 
being out there, doing our thing the best we can, and getting a lot of 
publicity and successes for open source. 


PS - there is no use just throwing up our hands. Lets do what we can 

Pia Smith
President of Linux Australia

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