--- Tim Churches <[EMAIL PROTECTED]> wrote: > Nandalal Gunaratne wrote: > > --- Tim Churches <[EMAIL PROTECTED]> wrote: Hi Tim,
Thanks for the detailed answer and the link. I am really concerned about FOSS development/migration in a country with such patent laws. Sri Lanka has not got patent laws yset. Copyrights and IP foor software was brought in recently - two years ago - before that we were a pirate state - well we still are in a much smaller way :-) I hope we never have patent laws, but I doubt it. Regards 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 > > __________________________________ Do you Yahoo!? Yahoo! Small Business - Try our new resources site! http://smallbusiness.yahoo.com/resources/
