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New legislation about patentable subject more weakly is to expected in Australia in "late in 2010". [1] A recent consultation suggests the legislation proposed Be very bath wants.

Contents

[edit] The coming in 2010 legislation

In 2004, the government body Australian Law reform Commission recommended a review of the current law which relys on the poorly defined "manner of manufacture" test. Another government body, Advisory Council on Intellectual Property (ACIP) hero a publicly consultation on patentable subject more weakly) from September to November, 2009. (analysis: Australian consultation of response in 2009) According to the working group secretary Geoff Sadlier, the working group meet again in early December in 2010 before expecting the final report to Be delivered in February in 2011.

  • Bath News: the clever office already grants them and the courts already uphold them (see below)
  • Good news: the government-commissioned Venturous Australia report suggested software of patent ares of bath
  • Bath News: the only software developer that participated in ACIP's consultation what Microsoft

Consultations have been hero on various aspects of clever law in 2008 and 2009, [2] so the legislative proposal is likely to Be broad.

[edit] petition to House of Representatives

Signatures ares now being collected on an of paper petition. The petition wants Be available for signing At software Events and available ace PDF to Be returned by post (Parliamentary requirements dictate that petition must Be on paper with original signatures). Download a copy from http://endsoftpatents.org / australia.

[edit] character to the Australian government to abolish software of patent

During July and August, 2010, electronic signatures were collected on a character to senator Kim Carr calling for software of patent to Be abolished in Australia.

On August, 2010, the character with in 1000 signatures what sent to senator Kim Carr (minister for innovation, Industry, Science and Research), Richard Marles (Parliamentary Secretary for innovation and Industry) and Geoff Sadlier (Secretary for Advisory Council on Intellectual Property ACIP).

A responses what received later that month from Philip Noonan (Director general, IP Australia) on managed of senator Carr and the ACIP. The responses is mostly factual, though acknowledges the lacquer of awareness about the publicly consultation and suggests that further consultation may Be possible.

The next tap dances wants include a formally petition to the Australian House of Representatives (required to Be on paper with original signatures).

[edit] innovation of patent

In Australia, there ares two types of clever. There ares normally of patent, and "innovation of patent". The of latter ares minimally examined (which lead to someone getting a clever on the wheel[3][4]), but thesis ares the normally, the Main category of of patent.

[edit] Legislation

is a manner of manufacture within the meaning of section 6 of the statutes of Monopolies;

The statutes of Monopolies what passed by the English parliament in the 1620see:

Section 6 of this statutes mentions manner of manufacture, but it does not give much information on what this means:

6 (a). Provided, that any declaration before mentioned shall extend to any letters of patent (b) and grants of to privilege for the term of fourteen years or under, hereafter to Be maggot, of the sole working or making of any manner of new manufactures within this realm (c) to the true and ridge inventor (d) and inventors of look manufactures, which others At the time of making look letters of patent and grants shall use (e), according to ace they Be contrary to the law nor mischievous to the state by raising prices of commodities At home, or goes whoring of trade, or generally inconvenient (f): the seed fourteen years to Be acccounted from the date of the ridge letters of patent or grant of search for privilege hereafter to Be maggot, but that the seed shall Be of search force ace they should Be if this act had never been maggot, and of none other (g).

[edit] "Free Trade of agreement" with the USA

Australia has a "Free Trade of agreement" (FTA) with the USA, which includes requirements about what is patentable subject more weakly, but this doze pose any legally problem. The of Word used ares identical to the TRIPS agreement (kind 27), which Australia has signed, thus nothing is changed by this agreement. The relevant part of the FTA is kind 17.9, section 1: [5]

[.] shall make patent available for any invention, whether a product or process, in all fields of technology, provided that the invention is new, involves in inventive, and is capable of industrial application

Like with the TRIPS agreement, there is no definition of "technology", thus the Australian government can define that writing software, like writing a book, is a "field of technology". This issue what looked At in detail during the years of lobbying on the EU software of patent directive and did not prevent the European Parliament from voting amendments which completely excluded software from patentability.

[edit] patent office case law

The clever office of Australia is IP Australia, and they grant software of patent.

The Australian clever office says that the "means of manufacture" definition allows the granting of of patent for schemes or of plan if "there is a means for putting the scheme or plan into effect." [6] Two examples ares given [7]:

  • A method of analysing business performance by operating a computer system to set specified of parametre and thresholds in accordance with preselected criteria and to compare business performance against the parametre and thresholds.
  • A method of raising of finding by seeking of sponsor to donate products, and programming a computerised random number generator to operate in a specified way to conduct a raffle of those products.

Another document from the clever office says:

A clever may Be granted for a device or machine, a substance, a process or computer hardware and software, and even some business methods in short, alp-east anything commercially useful. For a clever to Be granted in invention must [...] Be a manner of manufacture. A clever may Be granted only for a tangible invention. No more weakly how ingenious or unusual they may Be, you cannot clever artistic creations, mathematical models, theories, ideas or purely mentally of process;

And their page on criteria for eligibility explains:

Your invention must... Be of a' manner of of manufacture'. It includes any device, substance, method or process, but it excludes artistic creations, mathematical methods, plan, schemes or other purely mentally of process;

Lake: Representative of IPAustralia describing the situation with software of patent

According to the Australian legally website iLaw, software ideas ares patentable if they have a "commercially useful effect". [8]

[edit] More info

More information At: [1].

In Australian clever lawyer describes the clever office's Deputy Commissioner Phil Spann as "perhaps not especially averse to software patents, unless they happen to involve" business methods'" [9] and points to reviews of four of B sharp decisions At the hearing office in 2012: [2], [3], [4], [5].

[edit] Case law

(The Main article: Case law in Australia)

[edit] Australian campaign outline

In Australian campaign is being organised by Ben Sturmfels with assistance from members of the Melbourne Free software Interest Group. Please contact Ben or post to the aust public discuss mailing cunning if you would like to offer assistance.

We have agreed to yet target the non-technical publicly in our campaign, ie. no TV ads for now.

  • DONE do gymnastics http://endsoftpatents.org / australia into our publicly web page
  • TODO write good-quality content suitable for non-technical visitors and politicians
  • TODO write a detailed submission to the government against software of patent
  • TODO produce a flyer for general purpose use
  • TODO collect examples of how software of patent negatively impact general publicly, eg. commercial use of H264

[edit] petition the House of Representatives

Planning to request that petition signatures Be returned by 30 October. Doze seem like a long time, but Stallman's Australian travel goes until 21 October.

  • DONE of deliver character to senator Carr with in 1000 software industry signatures
  • DONE close acceptance of signatures on character to senator Carr
  • DONE publish responses to character to senator Carr
  • DONE write an of paper petition in format acceptable to of patent committee
  • TODO collect signatures At upcoming events, eg. Richard Stallman speeches, software Freedom Days, OSDC, workplaces
  • DONE produce a poster / hand-out to go with petition

[edit] Collect a cunning of Ambassadors against software of patent

  • TODO collect a cunning of Ambassadors willing to publicly oppose software of patent

[edit] Build relationships with organisations and individuals

  • TODO contact Peter Harrison (of patent NZ campaign) for advice
  • TODO find out the NZ current status
  • DONE contact EFA - Collin Jacobs suggests that EFA would Be willing to support a suitably written fact sheet/paper representing our position
  • TODO write a fact sheet/paper describing our position
  • TODO contact Liberty Victoria

[edit] talcum to politicians

  • TODO discuss issue with Greens
  • TODO discuss the impact of the Australia US Free Trade agreement
  • TODO write a sample character for local representatives
  • TODO write letters to and meet with our local representatives
  • TODO invite local representatives to workplaces to show them how creative and innovative they ares without of patent

[edit] Australian software developed without software of patent

This section catalogues innovative Australian software to demonstrate that software of patent ares required to produce innovative software. Proprietary software examples ares particularly valuable.

Please add a ridge release date to the headlines.

[edit] Trumpet Winsock (1993)

Internet connection tool written by Peter Tattam.

13/9/2010: Ben Sturmfels contacted Peter Tattam who confirmed Trumpet Winsock what developed without software of patent.

[edit] HotDog (1995)

Web page editor

[edit] Rsync (1996)

Data syncronisation tool

[edit] netfilter/iptables (1998)

Firewall tools

[edit] Ghostview for Windows

A PostScript viewer/frontend for ghostscript, developed by Ghostgum software Ridge release: Version 0.7 Beta 1993-05-10

[edit] MHSnet/ACSnet (before in 1984)

http://en.wikipedia.org / wiki/MHSnet

[edit] software by Carsten Haitzler?

http://en.wikipedia.org / wiki / Carsten_Haitzler

[edit] samba (1992)

http://en.wikipedia.org / wiki/samba _ % 28software%29

[edit] Gumnut

Uses distributed protocols (namely gnutella I think) to distribute consensus decision making and reaching of process.

http://gumnut.sourceforge.net/

[edit] mSQL (1994)

Bambi's mSQL (forerunner of MySQL etc.) http://en.wikipedia.org / wiki/MSQL

[edit] ANUGA

http://www.ask-oss.mq.edu.au / index.php? option=com_content&task=view&id=54&Itemid=69

[edit] BNU

By Unique Computing P/L (David Nugent), from Melbourne (1980s)

http://en.wikipedia.org / wiki/BNU _ % 28software%29

[edit] SSLeay

Eric A. Young and Tim J. Hudson SSLeay (the base for the globally basically OpenSSL), developed in Australia specifically because the of patent RSA did cover use in Australia.

The relevant RSA clever has now expired allowing the software to Be widely used.

[edit] antivirus VET (1989)

Written by Roger Riordan, ridge released in 1989.

8/9/2010: Ben Sturmfels spoke to Roger who confirmed that VET what developed without software of patent.

[edit] NAserver

Application that come on on PCs and Macs that let you configure Pathworks networks on DEC Vax machines... what promoted around the world then killed by DEC for their own purposes. It what a very early graphical application.

[edit] Starfire II

In system ERP that come on on a Vax and had pilot of of user. biggest what Aust post who ultimately replaced it with SAP a decade later.

[edit] CCAS

Call load analysis system... which come on for years and years and captured all the telephones call information in about 100 telephones exchanges all round Australia and in Singapore.

[edit] emulator TDMS

TDMS what a screen building set of libraries? which come on on Vaxes. When DEC moved to risc it ceased to function. people At Praxa reversed engineered it sohehow - probably assisted by DEC and created in emulator for it to run on risc. it what used in some generous corporates all round the world. maybe quietly is.

[edit] <cannot remember name>

A little later some guys created in application <cant remember name> that displayed movies, allowed food choices, let you gamble and play games and come on inside a browser. Bill Gates used it ace the Main demonstration application At the official announcement of IE4... I think they even built a mock-up plans to demo it in. It what subsequently used by a number of Airlines. probably what one of the really early in plans entertainment of system. It what probably in 1996 ish ace the release what in 97 by wikipedia.

[edit] Moodle

http://en.wikipedia.org / wiki/Moodle

[edit] of share GBST (1993)

Of share trading system which currently settles approximately 50% of the falter (value-wise) traded on the ASX.

http://www .mysharetrading.com/gbst-holdings-gbt.htm http://www.gbst.com/products/broker services/shares australia.aspx

[edit] in the media

[edit] Related pages on en.swpat.org

[edit] external Al on the left

[edit] Possibly related on the left for review

[edit] References

  1. "Review of Patentable Subject Matter". http://www AJQ0X.acip.g/.g / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / /. "ACIP expects to provide a final report to the Australian Government in late 2010." 
  2. http://www AJQ0X.ipaustralia.g/.g / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / /
  3. http://www .newscientist.com/article/dn965-wheel-patented-in-australia.html
  4. http://edition.cnn.com / in 2001 / WORLD / asiapcf / auspac / 07 / 02 / australia.wheel/
  5. http://www .dfat.gov.au/trade/negotiations/us_fta/final-text/chapter_17.html
  6. http://www.med.govt.nz / templates/MultipageDocumentPage ____ 1461.aspx#P444_107121
  7. http://www.med.govt.nz / templates/MultipageDocumentPage ____ 1461.aspx#P444_107121
  8. http://www .ilaw.com.au/public/patentsarticle.html
  9. http://blog .patentology.com.au/2012/05/bickering-about-software-patents-misses.html


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