[d@DCC] Anti-creator Greg Aharonian seeks the extreme: software
only under patent, not copyright.
russell at flora.ca
Tue Dec 14 15:42:32 EST 2004
On Tue, 14 Dec 2004, Shawn Abel wrote:
> Russell, can you point me to authority for either the jurisprudence you
> mention here,
Most of my research was for http://www.flora.ca/patent2003/ (Paid gig
for ICT branch of Industry Canada).
Jason Young provided the best citation for Schlumberger Canada Ltd. v.
The Commissioner of Patents, (1981)
This cannot be so, for if it were, the mere invention of computers
would have the effect of rendering patentable that which would not
have previously been patentable, and a "new dimension" would have been
given to the Act. In the present case the mental process would not be
patentable by itself; the additional factor of the use of a computer
does not serve to convert it into an "invention" within the meaning of
> or the CIPO grants (or other discussion about them),
You can do this experiment easily yourself. Go to the Canadian Patent
Database at http://patents.ic.gc.ca/ and type in "Microsoft" (as just one
example) on a simple search. You will find many PCT (Patent Cooperation
Treaty) patents that I'm told are considered valid here.
Another data point is to go to the more advanced search
http://patents1.ic.gc.ca/srch_adv-e.html and put "software" in Abstract,
choose Canada for "Inventor" country, possibly even exclusing PCT patents.
You'll find such trivially obvious gems as the following I just noticed
when I did a quick search:
COMPUTER SYSTEM PROTECTION BY COMMUNICATION DIVERSITY
METHOD OF DISTRIBUTING SOFTWARE UPDATES IN AN EVENT-DRIVEN NETWORK
I suspect that David F. Skoll of Roaring Penguin has prior art to bust
this non-useful and obvious patent if it was worth the time to do so.
METHOD FOR FILTERING EMAIL SPAM
I came up with more innovative information processes that I encoded in
software in the 80's in my bedroom as a teen than most of the so-called
"inventions" you find for software in this database.
Russell McOrmond, Internet Consultant: <http://www.flora.ca/>
Have you, your family, your friends (, your enemies) signed the
Petition to the Canadian Parliament for Users' Rights in Copyright?
More information about the Discuss