[Solar-general] Microsoft quiere un sistema de patentes único a nivel global, Microsoft propone adopcion de licencia unica y global

[José Ignacio Pedrini]

 Microsoft propone adopcion de licencia unica y global Por Jesús Antonio
Gómez Bañuelos <http://www.alcancelibre.org/users.php?mode=profile&uid=6>,
el miércoles 02 de septiembre de 2009 @ 05:45 CDT.
 Por medio de su bitacora
personal<http://microsoftontheissues.com/cs/blogs/mscorp/archive/2009/09/01/improving-global-patents-think-locally-act-globally.aspx>Horacio
Gutierrez, abogado de alto nivel en Microsoft, emitio un comunicado
para presionar a la creacion de un sistema de patentes global y unico que
haga mas facil y rapido para las corporaciones el fortalecimiento de los
derechos de su propiedad intelectual en todo el mundo.

Las reacciones por parte de la Comunidad de Software Libre no se han hecho
esperar y en diversas bitacoras y sitios afines a este movimiento se han
publicado energicas oposiciones a esta propuesta.

De acuerdo con el articulo, dicho tema se discutira el proximo 17 de
septiembre en Genova Italia en el marco de la junta de la Organizacion
Mundial para la Propiedad Intelectual (WIPO por sus siglas en ingles)

Fuente: cNet News<http://news.cnet.com/8301-1001_3-10334285-92.html?part=rss&subj=news&tag=2547-1_3-0-5>
Autor: gomezbjesus <http://jesusgomez.blogspot.com/>


Para ampliar en inglés:


September 2, 2009 10:54 AM PDT
 Microsoft pushes for single global patent system  by Andrew Donoghue

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A senior lawyer at Microsoft is calling for the creation of a global patent
system to make it easier and faster for corporations to enforce their
intellectual property rights around the world.

In a blog posting on
Tuesday<http://microsoftontheissues.com/cs/blogs/mscorp/archive/2009/09/01/improving-global-patents-think-locally-act-globally.aspx>,
Microsoft's Deputy General Counsel Horacio Gutierrez said that a backlog of
patent applications internationally was needed to tackle the 3.5 million
pending patent applications around the world--including around 750,000 in
the US.

"In today's world of universal connectivity, global business and
collaborative innovation, it is time for a world patent that is derived from
a single patent application, examined and prosecuted by a single examining
authority and litigated before a single judicial body," said Guiterrez. "A
harmonized, global patent system would resolve many of the criticisms
leveled at national patent systems over unmanageable backlogs and
interminable pendency periods."

Guiterrez went on to praise efforts to harmonize international patent
systems through projects such ad the Patent Prosecution Highway and the
"IP5" partnership but said more needed to be done to allow corporations to
protect their intellectual property.

"By facing the challenges, realizing a vision, overcoming political
barriers, and removing procedural obstacles we can build a global patent
system that will promote innovation, enrich public knowledge, encourage
competition and drive economic growth and employment," he added. "The time
is now--the solutions are in reach."

Microsoft's calls to speed up the issuing of patents come shortly after the
company was prosecuted in Texas for patent infringement concerning its Word
application. In August, US District Court for the Eastern District of Texas
issued a permanent
injunction<http://news.cnet.com/8301-13860_3-10318263-56.html>that
"prohibits Microsoft from selling or importing to the United States
any
Microsoft Word products that have the capability of opening .XML, .DOCX or
DOCM files (XML files) containing custom XML", according to a statement
released by attorneys for the plaintiff, i4i.

Commenting on Microsoft's appeal of the ruling late last month. i4i chairman
Loudon Owen told ZDNet UK's sister site, CNET
News<http://news.cnet.com/8301-13860_3-10308374-56.html>,
that the software giant's attitude was "extraordinary." "It captures the
hostile attitude of Microsoft toward inventors who dare to enforce patents
against them," Owen said. "It is also blatantly derogatory about the court
system."

Microsoft's stance on stronger software patents has attracted opposition
from the open-source community and other antipatent campaigners.

The founder of the GNU Linux project Richard Stallman, recently
warned<http://news.cnet.com/8301-1009_3-10276101-83.html>against the
use of Mono software tools as they exposed users to potential
patent violation accusations from Microsoft. In an article published by the
Free Software Foundation, Stallman said that "only fools would ignore" the
threat poised by Microsoft's patents.

The UK Pirate Party, which was registered by the electoral commission last
month, is also opposed to the current patent system--especially in the area
of health care--and has put reform of the process at the center of its
campaign <http://news.cnet.com/8301-1023_3-10309960-93.html> for the next
election. "Monopolies maintained by companies producing life-saving drugs
mean people are dying, as they can't afford (treatment)," the party's leader
Andrew Robinson told ZDNet UK last month.

Microsoft's backing for greater cooperation on the issue has the backing of
other organizations. The World Intellectual Property Organization is
planning to hold a conference on global enforcement of intellectual property
rights in Geneva on the 17th and 18th of September. "IP systems need to keep
pace with globalizing trends in innovation and business practices," the
organization said in a statement. "The symposium offers stakeholders an
opportunity to explore how existing highly diverse national and regional IP
infrastructures can be developed to support the dynamics of innovation which
is increasingly transnational and borderless."

FSF Europe and the UK Pirate Party were approached for comment but did not
reply in time for this story.

*Andrew Donoghue of ZDNet UK <http://news.zdnet.co.uk/> reported from
London.*
 *Extraído de:*
http://news.cnet.com/8301-1001_3-10334285-92.html?part=rss&subj=news&tag=2547-1_3-0-5


Improving Global Patents: Think Locally, Act Globally

Posted by *Horacio Gutierrez*
Corporate Vice President and Deputy General Counsel

[image: United States Patent and Trademark Office]In early August, David
Kappos <http://www.uspto.gov/biographies/bio_kappos.htm> was confirmed by
the U.S. Senate as Undersecretary of Commerce for Intellectual Property and
Director of the U.S. Patent and Trademark Office <http://www.uspto.gov/>.
We congratulate Dave on his new position and offer our full support in
tackling the challenges ahead – not the least of which is to bring the
patent system into the 21st Century.  As Dave knows well from his many years
of experience in the U.S. and abroad, when faced with huge challenges,
unique opportunities arise.

Big challenges certainly confront the global patent system: Escalating
patent application backlogs; lengthening pendency periods; increasing costs
of patent prosecution; dubious patent quality due to the global explosion of
prior art and the time allowed to examine applications; and examination
inefficiency due to duplication of work by multiple offices.

But these challenges also present unprecedented opportunity.  One of the
biggest is the opportunity to advance patent harmonization.

Global patent harmonization is not just wishful thinking about an ideal
patent system.  Rather, it is a necessity if national patent authorities are
to overcome the substantial difficulties they face.

Over 3.5 million patent applications are pending around the world, including
over 750,000 in the U.S.  Pendency periods are extending to three, four or
in some case five years before final patents are issued.  The cost of this
workload to patent applicants and patent offices is too high, and the delays
in securing patents are too long for entrepreneurs and large enterprises
alike.

In today’s world of universal connectivity, global business and
collaborative innovation, it is time for a world patent that is derived from
a single patent application, examined and prosecuted by a single examining
authority and litigated before a single judicial body.

A harmonized, global patent system would resolve many of the criticisms
leveled at national patent systems over unmanageable backlogs and
interminable pendency periods.

To increase efficiency and enhance patent quality, patent offices also need
to leverage collaboration and work sharing opportunities.  As I blogged
previously<http://microsoftontheissues.com/cs/blogs/mscorp/archive/2009/06/19/global-challenges-await-new-patent-office-director.aspx>,
national patent offices should be commended for their early efforts at work
sharing through projects such as the Patent Prosecution Highway and the "IP5"
partnership <http://www.epo.org/topics/news/2008/20081114.html>.

The logical next step is to accelerate the work underway to align patent
approval procedures and application formats, including a common digital
application, and to collaboratively set standards for patentable subject
matter, adequacy of disclosure and enablement requirements, and the
completeness of the examination record.  Bold action is needed.  Stringent
criteria must be established and clearly understood so patent search and
examination results can be accepted by patent authorities around the world.

By facing the challenges, realizing a vision, overcoming political barriers,
and removing procedural obstacles we can build a global patent system that
will promote innovation, enrich public knowledge, encourage competition and
drive economic growth and employment.  The time is now – the solutions are
in reach.
*
Extraído de:*
http://microsoftontheissues.com/cs/blogs/mscorp/archive/2009/09/01/improving-global-patents-think-locally-act-globally.aspx
-- 
*
Visto en:*
http://www.alcancelibre.org/article.php/20090902174552451

José Ignacio (Nacho) Pedrini, DuxJP.
Free Software activist.
Free Culture activist.
Pirate Party (Piratpartiet) activist.
Perfil, www.google.com/profiles/duxjipd
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