Re: Munich convention 2005-10-05 says no programs can be patented : why no go to court with european office for patents ?

Le jeudi 17 mars 2005 à 22:02 +0100, Bernard Lang a écrit :
> Guy-Marc,
> 
> do you have any idea whom you are replying to, whom you are accusing
> of being "afraid", and the amount of excellent work he has been
> putting up to deal with this patent issue.
> If you think something useful has been forgotten, just do it.  As you
> say, it will "take only a few hours", and since you came up with the
> idea, you are obviously the best person to do it "properly".
> 
> Bernard
I didn't want to upset anybody especially the persons (Jonas, Bernard
and others) who are doing their best on the subject.

Anyway, I think there is an action to do and I am ok to spend a few
hours on that : if you are ok with that I will start to work on that
when I will get one copy of << one typical computer program patent >>.

So I ask :
- to confirm that your are ok to start a complaint of this kind : 
"The EPO (the European Patent Office) records patents on the computer
programs. 

These patents are opposable with all French citizens and all french firm
by EPO throught, it seems, INPI. 

However the article L. 611-10 of the french code of the intellectual
property indicates: 
Art. L. 611-10 
1. Is patentable the new implying an inventive step and suitable
inventions for industrial application. 
2. Are not regarded as inventions within the meaning of the first
subparagraph of this article in particular: 
a) (...)
b) (...)
c) plans, principles and methods in the exercise of mental activities,
as regards play or in the field of the economic activities, like "the
computer programs"; 

So computer programs can not be patented.

Therefore, we require that these titles recorded like patent at the EPO
and whose representative in France - seems to be the INPI - are struck
of nullity and cannot be opposable in France.
"

- the name of the french association which will start the complaint
(AFUL ?).

- one copy of a typical computer program patent available in france (I
am french) cause I don't have any.

- if you have an usual lawyer for patents in france his/her name and
address (if not I will find one).

- no budget today but a lawyer would not work for free (we will speak
about that later after the first talk with a lawier to have his feeling
on the subjet - if we can win or not - and a price estimate).


Sorry for inconvenience.

Guy-Marc
> 
> * Guy-Marc Aprin <[email protected]>, le 17-03-05, a écrit:
> > Le jeudi 17 mars 2005 à 10:33 +0100, Jonas Maebe a écrit :
> > > On 17 mrt 2005, at 10:28, Guy-Marc Aprin wrote:
> > > 
> > > >>> Why not attack european patent office for not respecting the european
> > > >>> text between states ?
> > > >>
> > > >> because only a government can do it.  ... and it would be under a lot
> > > >> of political/diplomatic pressure.
> > > >
> > > > Are u really sure ?
> > > 
> > > The European Patent Office *is* the governments. It is rules by the 
> > > Administrative Council, on which representatives sit from all countries 
> > > which subscribe to the European Patent Convention.
> > 
> > 
> > In each country, there is a jurisdiction which controls the legality of
> > the government decisions or actions.
> > 
> > I do not understand your position!
> > 
> > When one has a problem of right:  
> > 
> > 1. On a purely personal basis or under an association, we can start a
> > complaint.  
> > 2.  If the complaint is not admissible:  at least his duty was made.
> > If the jurisdiction concerned is not qualified:  we will soon discover
> > the qualified court.  
> > 3. If nothing is done:  we will obtain no result nor publicity.
> > 4. If done properly, and if we were right : we get results.
> > 
> > 
> > The right for complaint is written in Universal Declaration of Human
> > Rights.
> > Article 8. 
> >         Everyone has the right to an effective remedy by the competent
> >         national tribunals for acts violating the fundamental rights
> >         granted him by the constitution or by law.
> >         
> > Are you "computer experts"  afraid of doing such a complaint with the
> > competant national tribunal ?
> > 
> > It might take only a few hours to do, but it might result a lot of noise
> > and publicity  if done properly.
> > 
> > 
> > 
>