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Re: [ossig] Bending the Malaysian Patent law to allow software patents.
jason chong wrote:
> I am in a bit of a depressive mood lately.
Cheer up !
> Recently I've been hearing
> claims of certain companies successfully 'patenting' certain process
> part of their software locally, and hearing someone have patented the
> concept of 'software' itself in Malaysia.
Firstly, AFAIK, this is not quite true. But many people don't know the
difference between 'filing' and 'granting'.
Just the opposite: Everyone complains that granting takes too many years
to achieve after filing in Malaysia.
> My questions will be.
> 1. Who and why are the lawyers claiming they can patent the software?
Those 'Intellectual Property' chaps who feed their families from their
professional income - like everyone else.
There were quite a few advertisements on the papers recently.
> 2. How broad is Malaysia's patent law that it can be misintrepreted to
> sneak in algorithms/processes that involves software ?
The trouble is, that the act (mostly - how should I say - 'reinvented'
after the European Patent Convention) has explicitly *not* included the
passage about Software Patents (contrary to the EPC). But the PHIM
states in its FAQ, that software patents are excluded. In April, when I
gave a talk, some PHIM people confirmed that so far there has been no
single *grant* of a software patent in MY.
> applications? Is this a process that is opened to abuse due to our
> inherent flaw in the system and culture of Malaysian politics ? (you
> know what I mean)
I think you know yourself that anything can be bended to someone's liking.
> 4. Are the business/proprietary/corporate/monopoly entity in Malaysia
> already sneakily abusing the Patent law to bend it to their favor to
> include software patents?
Yes. Let's leave it as that. And probably they'll succeed, because they
'lobby - help - support'; and they know how to do it. Whereas we have to
sit and have the same old slides poured over us again and again. Instead
of chit-chat and nice-talk at the politicians' receptions; what the
Guess who'll win in the end ? (And here *I* get depressed, so I better
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