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Re: [ossig] Bending the Malaysian Patent law to allow software patents.



Uwe Dippel wrote:

> 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.

Correction. Ooops. Very bad sign. Go to
http://www.mipc.gov.my/

and click yourself through (About MyIPO -> Patent -> Patent Information 
-> General Info). The site has been revamped since I last visited it.
They have not listened to the Mat Salleh:
Last time I did my best and answered their question, if they better 
include the provision of non-patentability of software to the act to 
heal the discrepancy between act and FAQ with a resounding 'YES'.
Alas, instead, they have removed the 'not patentable' software from the 
revamped 'General Info'.
I guess this is a clear political signal. Eventually, PHIM didn't want 
to fall behind when the EU almost had software patents earlier this year ?
While we dream about great things, others act, and turn and twist the 
influential people to move the provisions into their directions. Into 
creating opportunities to fill their pockets with more money; under the 
pretext to help Malaysia.
Look at the filing and granting numbers, also available there 
('Statistics'); and tell me about the genuine local R&D; and compare it 
to the number of foreign companies holding patents in Malaysia. And then 
tell me who takes the *advantage* of patents - that is the right to 
strangle the competitors - in Malaysia ? Who has the market and who owns 
the rights !?

What a pity !

Uwe


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