[Linux-aus] Seeking nomination

David Newall david at davidnewall.com
Sun Dec 23 09:50:14 UTC 2007


James Polley wrote:
> I get the impression from your email, although you don't explicitly
> say as much, that you oppose "submarine patents"

They are reputed to have been one of the most serious exploits in the 
patent system.  Fortunately, according to Wikipedia, these are "now not 
practical with present patent filings since the U.S. signed the TRIPS 
agreement of the WTO."  What it says about European jurisdiction is less 
concise, but I think the gist is that they are not practical there, 
either.  It says nothing about Australia, but where Uncle Sam goes, his 
cobbers surely follow.

>  You mentioned that you feel that current software patent systems grant
> patents too easily, and grant low-quality patents.

Software patents aren't unique in this.  See 
http://www.newscientist.com/article/dn965-wheel-patented-in-australia.html.

> could you provide examples
> of what you consider high-quality software patents?
>   

I'd rather not.  We all know that this is a very sensitive topic in our 
circles, and there is a high probability that any patent that I say is 
good will draw ire from some.  A common course of events would then be 
for this to devolve into a heated and bitterly divided debate.  That 
would counter-productive.  Suffice to say that the majority of patents 
are probably good ones, otherwise, cynical though I am, I expect the 
system would already have been changed.

The point about patents is that they are one of the planks on which our 
economy rests.  Like them or loath them, we have to live with them 
unless and until the system is changed.



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