The EUPACO Report

Peer to Patent - Community Patent Review - by Christopher Wong

When examiners review a patent application, they compare the invention to vast amounts of publicly available information in order to decide whether the new invention is enough of an innovation to deserve being granted a patent and all the perks that come along with it. Patent examiners, under extreme workload pressure, are granting overly broad and non-meritorious patents. However, the problem is not the result of any actual ineptitude on the part of the examiners. Rather, it is generally a consequence of unfocused information, where examiners are either forced to sift through too much information to find something relevant or are unable to find something relevant because there is not enough information to sift through.

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Why Software Developers Should Support a New, Limited Patent - by Lee Hollaar

This paper proposes a new, limited patent. It would not replace current utility patents, but may be a better alternative than the current utility model protection in some countries. And by providing an alternative option with easier, faster, but limited protection, it will help to eliminate the backlog of pending patent applications, many for computer or communications techniques, and allow for a better examination.

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Social Contingent Liabilities and Synthetic Derivative Options - by David Martin

At the turn of the 20th century, the emergence of efficient transoceanic and transcontinental commerce gave rise to central banks and gold standards enabling the industrial economy. At the dawn of the 21st century, we face the realization that the tangible economy and its attendant modes no longer can be represented or financed using the convention of the “balance sheet.” Value and risk are now the exclusive domain of the intangible and the asymmetric. Presaged with the collapse of the 2001 WTO debates in Doha, heralded with the recent global stock market multiple personality disorder, and against the growing drumbeat of currency strain, global finance is about to experience the collapse of the tangible, industrial market paradigms and the emergence of the intangible, asymmetric risk capital era. Public policy makers, economists, patent offices and financial institutions are all viewing this transition with relative opacity, limited by their commitments to incumbent models.

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Patenting programs as machines - by Philip Leith

It is clear that software is being protected in Europe. Not only is software being protected, but business methods are routinely receiving patent protection. Protection is being given when the applicant succeeds in recasting the software invention as hardware device or hardware device control. Thus, for example, in the recent Aerotel appeal judgment in the UK, a business method described in hardware terms was viewed as protectable but another business method (Macrossan) couched in software terms was not.

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The EUPACO Report

We present a series of in-depth articles on the topic "Towards a New European Patent System" by past and future EUPACO participants. We provide these articles both in on-line and printable PDF formats. All articles are copyright by their authors, who have granted permission to reproduce these articles freely. The latest articles are listed first: