EFF decries patenting 'suggestion test'
Posted on 30 Aug 2006 at 16:47
US digital rights campaigners have asked the country's Supreme Court to overturn a patent law ruling that they believe poses a serious threat to Free and Open Source Software projects.
The Electronic Frontier Foundation is concerned about a recent ruling by the Federal Circuit Court of Appeals, which affirmed its own 'suggestion test' as the main method for determining when a patent should be found obvious over knowledge in the public domain. Under this test, even the most obvious incremental advances and add-ons can be patented unless the Patent Office or a defendant in court produces a document that shows someone else suggested it prior to the patent being filed.
'The Federal Circuit's suggestion test forces litigants to search through reams of technical papers for a document in which someone, somewhere, bothers to state the obvious,' said EFF staff attorney Corynne McSherry. 'This is inefficient and burdensome, and contrary to the principles, policies, and standards the Supreme Court has upheld.'
In an amicus brief filed Tuesday, the EFF claims that the suggestion test has led to a 'massive surge in bogus patenting', particularly with regard to software, and argues that these patents then become weapons against legitimate innovators, especially those working on Free and Open Source Software projects.
'Free and Open Source Software projects have become an integral part of the software industry and our nation's economy,' said EFF staff attorney Jason Schultz. 'They often lack the resources or formal documentation to fight against bogus patents under the suggestion test, so it is principally important that the Supreme Court set the appropriate standard to prevent the approval of bogus patents.'
Author: Simon Aughton
advertisement
- Microsoft shows courage at Tech-Ed 09
- PowerPoint and Silverlight: a perfect match?
- Why all the fuss over Windows Explorer?
- Your iPhone has a virus? Well it's your fault
- Motorola pays Lucas for its Droid
- Where are the killer apps for Windows?
- Will you hit the Orange iPhone "unlimited" cap?
- USB 3 first benchmark - it's here, and it's fast
- Why Windows 7 has forced me to worry about security
- How Dixons is (under)selling Windows 7
- The bulletproof Dell that costs an arm and a leg
- Microsoft Office 2010 Technical Preview: Q&A
- Lawnmowers, the TyTN II and one odd insurance request
- There'll never be a bulletproof OS
- How far can we trust apps?
- Five nice touches in Outlook 2010
- Building a better Google
- Beware HP's horrendous printer-driver glitch
- Microsoft debuts free Morro antivirus package
- Getting started with Search Server 2008 Express
advertisement

Printed from www.pcpro.co.uk
