Re: [oc] Patents and their applicability

[Rudolf Usselmann <rudi@asics.ws>]

Quite interesting !

In Asia, I am getting the impression Patent and Licensing are
covered by the general rule of: "Don't ask - Don't tell" ! ;*)

And also the "Sue me if you can find me !" attitude !

So far I have heard of only one case where Sony and Microsoft
where successful in shutting down a company in China that was
making "Mod" Chips for Play Stations and X-Box.

Cheers !
rudi

On Mon, 2003-05-12 at 14:19, John Dalton wrote:
> I've just been doing a little web-surfing on patents as they
> relate to OpenCores, and have come up with some interesting
> differences between the US and Australian (where I live)
> patent systems.
> 
> Here is a quote from the "IP Australia" web site (http://www.ipaustralia.gov.au/patents/what_index.shtml)
> in relation to the question "What is a Patent?"
> 
>   "A patent is legally enforceable and gives the owner
>    the exclusive right to commercially exploit the
>    invention for the life of the patent."
> 
> Here is the corresponding quote from the USPTO
> (http://www.uspto.gov/web/patents/howtopat.htm):
> 
>   "A U.S. patent for an invention is the grant of a
>    property right to the inventor(s), issued by the
>    U.S. Patent and Trademark Office. The right conferred
>    by the patent grant is, in the language of the statute
>    and of the grant itself, "the right to exclude others
>    from making, using, offering for sale, or selling"
>    the invention in the United States or "importing"
>    the invention into the United States."
> 
> 
> See the difference?  In Australia, patents only cover commercial
> activity.  Hence provided I don't exploit it commercially, it
> is legal for me to design and build anything.  In the US, it
> seems to be illegal to build or use a patented invention for
> any reason.
> 
> It strikes me that this second position is evil, striking
> at the heart of the pursuit of knowledge.  Fair enough you
> can't set up a business in competition to a patent holder,
> but to rule out ANY use of an invention (learning, research,
> teaching, ...)  Have I missed something in my interpretation
> of the two patent systems?
> 
> Can anyone provide information on the situation in Europe?  All I can find is the
> following quote (http://www.european-patent-office.org/legal/epc/e/ar2.html#A2)
> 
>   "The European patent shall, in each of the Contracting States for which
>    it is granted, have the effect of and be subject to the same conditions as
>    a national patent granted by that State, unless otherwise provided in this
>    Convention."
> 
> That is, it varies from country to country.
> 
> Given that the Australian Government is currently pushing for
> a "free trade" agreement with the US, Australian list members should
> be vigilant and jealously guard the "commercial only" nature
> of the Australian patent system.  (And also strongly resist and
> push to extend copyright terms.)
> 
> Regards
> John
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-- 
rudi               
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