Nandalal Gunaratne wrote: > --- Tim Churches <[EMAIL PROTECTED]> wrote: > >>Nandalal Gunaratne wrote: >> >>>Please try out blinkx on your windows machine >> >>before >> >>>you delete it. www.blinkx.com >>>A super new way to search - no linux version yet >> >>:-( >> >>Yes, some nice ideas there, but it is not open >>source, and without the >>source code, no-one can verify that the software >>does not contain >>spyware > > Hi Tim, > > True! > > BTW what is the position of Australia regards software > patents issue? > > nandalal
Unfortunately, patents on software algorithms and business methods have been granted here in Australia since 1990, and the courts have upheld some of these patents (but have struck out others). The only saving grace is that the test for novelty was recently made more rigorous - now an invention does not meet the test of novelty if aspects of it have been described previously but in separate published documents, and if the combination of those components is obvious (to someone "skilled in the art"). In the past, an invention had to have been described in its entirety in one document to have been considered "prior art" - now the scope of prior art is much wider, which is a good thing, and will hopefully prevent many trivial software, algorithm and business methods patents which are just minor variations on a theme from being granted, or at worst, from being upheld in the courts. However, the whole system is still stacked ridiculously in favour of the patent applicant. I was shocked to learn that as a private citizen, in order to object to the granting of a patent, not only do I need to pay a substantial "opposition fee" (about $600), if my objection is overruled by the Patents Commissioner, I have to pay the patent applicant's costs, which can run to thousands or tens of thousands of dollars. It seems that the patent system assumes that all patents are for the public good, and that anyone opposing a patent is just a troublemaker. We desperately need an organisation like PUBPAT (see http://www.pubpat.org/ ) here in Australia. In fact, every country needs one! Tim C
