Software patent - Wikipedia. A suggested definition of software patent has been proposed by the Foundation for a Free Information Infrastructure (FFII) as being a . Important issues concerning software patents include: Whether software patents should be allowed, and if so, where the boundary between patentable and non- patentable software should lie. These rights are granted to patent applicants in exchange for their disclosure of the inventions. Once a patent is granted in a given country, no person may make, use, sell or import/export the claimed invention in that country without the permission of the patent holder. Permission, where granted, is typically in the form of a license which conditions are set by the patent owner: it may be gratis or in return for a royalty payment or lump sum fee. Patents are territorial in nature. To obtain a patent, inventors must file patent applications in each and every country in which they want a patent. For example, separate applications must be filed in Japan, China, the United States and India if the applicant wishes to obtain patents in those countries.
However, some regional offices exist, such as the European Patent Office (EPO), which act as supranational bodies with the power to grant patents which can then be brought into effect in the member states, and an international procedure also exists for filing a single international application under the Patent Cooperation Treaty (PCT), which can then give rise to patent protection in most countries. These different countries and regional offices have different standards for granting patents. This is particularly true of software or computer- implemented inventions, especially where the software is implementing a business method. Early example of a software patent. The patent was granted on August 1. However, it is the position of the Canadian Patent Office that where a computer is an . Article 5. 2EPC excludes . This has been interpreted to mean that any invention that makes a non- obvious . Nevertheless, the fact that an invention is useful in business does not mean it is not patentable if it also solves a technical problem. A summary of the developments concerning patentability of computer programs under the European Patent Convention is given in (see G 3/0. Enlarged Board of Appeal to questions filed by the President of the European Patent Office according to Art. EPC. Concerns have been raised that the new (2. 6 meanings of JPO acronym and JPO abbreviation. Get the Military definition of JPO by All Acronyms dictionary. Top Definition: Joint Program Office In Military dictionary category. The official website of the European Patent Office (EPO). Find information on applying and searching for patents, legal issues on patents, patent grants, rules and regulations about European and international patent. Unified Patent Court will be much more open to patents generally and software patents in particular. Current case law in the UK states that an (alleged) invention will only be regarded as an invention if it provides a contribution that is not excluded and that is also technical. A computer program implementing a business process is therefore not an invention, but a computer program implementing an industrial process may well be. In India, a clause to include software patents was quashed by the Indian Parliament in April 2. To qualify as an invention, however, there must be . Subsequently, the JPO experienced a surge in business method patent filings. This surge was met with a dramatic decrease in the average grant rate of business method patents during the following six years; it lingered around 8 percent between 2. Since 2. 00. 6, the average grant rate for business method patents has risen to the current rate of roughly 2. The as such wording rules out only those software based patents where novelty lies solely in the software. Republic Act No. 8. Benson (1. 97. 2), the United States Supreme Court ruled that a patent for a process should not be allowed if it would . Congress created a new court (the Federal Circuit) to hear patent cases. Following several landmark decisions by this court, by the early 1. USPTO issued Final Computer Related Examination Guidelines stating that . This requirement can be discerned from the variously phrased prohibitions against the patenting of abstract ideas, laws of nature or natural phenomena. Critics of the Federal Circuit believe that the non- obviousness standard is partly responsible for the large increase in patents for software and business methods. For Europe, there is no similar definition. Commonly four patent justification theories are recognised, as laid down for instance by Machlup in 1. Disclosure is required in return for the exclusive right, and disclosure may promote further development. However, the value of disclosure should not be overestimated: some inventions could not be kept secret otherwise, and patents also prohibit independent reinventions to be exploited. There is debate as to whether or not these aims are achieved with software patents. Proposals. In Europe, a number of different proposals for setting a boundary line were put forward during the debate concerning the proposed Directive on the patentability of computer- implemented inventions, none of which were found acceptable by the various parties to the debate. Two particular suggestions for a hurdle that software must pass to be patentable include: A computer program that utilises . Supreme Court case of Diamond v. Diehr that stated that . Europe uses an 'Inventive step test'; see the Inventive step requirement in Europe and, for instance, T 2. Criticism. For instance, the Portable Network Graphics (PNG) format was largely introduced to avoid the Graphics Interchange Format (GIF) patent problems, and Ogg. Vorbis to avoid MP3. If it is discovered that these new suggested formats are themselves covered by existing patents, the final result may be a large number of incompatible formats. Creating such formats and supporting them costs money and creates inconvenience to users. Computer- implemented invention (CII). This allows the creator to prevent another entity from copying the program and there is generally no need to register code in order for it to be copyrighted. Patents, on the other hand, give their owners the right to prevent others from using a claimed invention, even if it was independently developed and there was no copying involved. In fact, one of the most recent EPO decisions. Copyright prevents the direct copying of some or all of a particular version of a given piece of software, but does not prevent other authors from writing their own embodiments of the underlying methodologies. Copyright can also be used to prevent a given set of data from being copied while still allowing the author to keep the contents of said set of data a trade secret. Much of this has been caused by free software or open source projects terminating. Such actions have provoked only minor reaction from the free and open source software communities for reasons such as fear of the patent holder changing their mind or the license terms being so narrow as to have little use. Meanwhile, Microsoft has reached similar agreements with Dell, Inc. Microsoft has also derived revenue from Android by making such agreements- not- to- sue with Android vendors. However, this did not include most software developers and Unisys were . As of 2. 00. 4, approximately 1. These agreements allow each party to practice the other party's patented inventions without the threat of being sued for patent infringement. Microsoft, for example, has agreements with IBM, Sun Microsystems (now Oracle Corporation), SAP, Hewlett- Packard, Siemens AG, Cisco, Autodesk. Microsoft cross- licensed its patents with Sun, despite being direct competitors, and with Autodesk even though Autodesk has far fewer patents than Microsoft. The ability to negotiate cross licensing agreements is a major reason that many software companies, including those providing open source software, file patents. As of June 2. 00. Red Hat has developed a portfolio of 1. US patents, 1 issued European patent, 1. US patent applications, and 3. PCT (Patent Cooperation Treaty) patent applications. Red Hat uses this portfolio to cross license with proprietary software companies so that they can preserve their freedom to operate. Walker Digital, for example, has generated a large patent portfolio from its research efforts, including the basic patent on the Priceline. US universities also fall into this class of patent owners. They collectively generate about $1. Some of these patent holders, such as Intellectual Ventures, are privately held companies financed by large corporations such as Apple, Microsoft, Intel, Google, etc. Others, such as Acacia Technologies, are publicly traded companies with institutional investors being the primary shareholders. Companies that have this business model are pejoratively referred to as patent trolls. It is an integral part of the business model that patent licensing companies sue infringers that do not take a license. Furthermore, they may take advantage of the fact that many companies will pay a modest license fee (e. Technique et droit des brevets. L'invention en droit des brevets. UK Intellectual Property Office. Patenting Software under the European Patent Convention. London: Sweet & Maxwell. Journal of Information Law & Technology (JILT). Centre for Intellectual Property Policy and Management, Bournemouth University. Intellectual Property Watch. Retrieved April 2. Examination Guidelines for Inventions for Specific Fields (Computer Software- Related Inventions) in Japan(PDF), Japanese Patent Office, April 2. Government Tech Policy. Retrieved September 6, 2. PDF), 2. 6 April 1. Patents Act, No. 5. Section 2. 5(3)(PDF), 2. April 1. 97. 8 ^FAQ . Patent 3,5. 52,7. U. S. Patent 3,5. U. S. Patent 3,5. January 1. 97. 1, and U. S. Patent 3,9. 96,5. December 7, 1. 97. Bessen/Hunt technique. Earlier patents may exist but US patent database does not permit full text searching for earlier patents^Gottschalk v Benson, 4. U. S. 6. 3 (1. 97. Diamond v. Diehr, 4. U. S. 1. 75 (1. 98. United States Patent Office. Patent Failure: How Judges, Bureaucrats, and Lawyers Put Innovators at Risk. Princeton, NJ: Princeton University Press, 2. Retrieved May 2. 3, 2.
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If you wish to make comments regarding this document, please send them to. UltraEdit is the world's best text editor for Windows, Mac. UE now includes a key for UC Pro at no additional cost. The webdriver IDL attribute of the Navigator interface must return the value of the webdriver-active flag. All comments are welcome. This is a draft document and may be updated, replaced or obsoleted by other documents at any time. It is inappropriate to cite this document as other than work in progress. An individual who has actual knowledge of a patent which the individual believes contains. Essential. Claim(s) must disclose the information in accordance with. W3. C Patent Policy. Conformance. All diagrams, examples, and notes in this specification are non- normative, as are all sections explicitly marked non- normative. So it is really only useful to use in error situations when no other modules have gotten a handle on a. When run in a browser. Active Record Migrations. A primary key column called id will also be added implicitly. Extract, transform, load This article has multiple issues. If a requirement exists to do insertions. VMware vSphere ESXi and vCenter Server 5.5 Documentation. Create a Virtual Machine Without a Template or Clone in the vSphere Web Client. No Active Host in Cluster. Everything else in this specification is normative. This specification does not place any restrictions on the details of those libraries above the level of the wire protocol. Defining the behaviour of a remote end in response to the Web. Driver protocol forms the largest part of this specification. Intermediary nodes must be black- box indistinguishable from a remote end from the point of view of local end, and so are bound by the requirements on a remote end in terms of the wire protocol. However they are not expected to implement remote end steps directly. The endpoint node is implemented by a user agent or a similar program. An endpoint node must be, like intermediary nodes, indistinguishable from a remote end. Terminology. In equations, all numbers are integers, addition is represented by . Conversely, the shorthand. Interfacepartial interface Navigator . Protocol. Web. Driver remote ends must provide an HTTP compliant wire protocol where the endpoints map to different commands. The details of these algorithms do not have any normative significance; implementations are free to adopt any implementation strategy that produces equivalent output to the specification. In particular algorithms in this document are optimised for readability rather than performance. A success value has an associated data field which encapsulates the value returned, whereas an error response has an associated error code. If temp is an error return temp, otherwise let result be temp's data. Each HTTP request with a method and template defined in this specification represents a single command and therefore each command produces a single HTTP response. In response to a command, a remote end will run a series of actions against the remote browser. This provides the sequence of actions that a remote end takes when it receives a particular command. For the purposes of this specification we model the data transmission between a particular local end and remote end with a connection to which the remote end may write bytes and read bytes. However the exact details of how this connection works and how it is established are out of scope. Let request be a request constructed from the received data, according to the requirements of . This must either be undefined or an path- absolute URL. This JSON body has three fields. The error response data for a particular error code is the values of the HTTP Status and JSON Error Code columns for the row corresponding to that error code. Commands that are specific to a user agent are called extension commands and behave no differently than other commands; each has a dedicated HTTP endpoint and a set of remote end steps. The name is used to form an extension command. The extension command URL, along with the HTTP method and extension command, is added to the table of endpoints and thus follows the same rules for request routing as that of other built- in commands. Requesting this URL will call the extension command. It is suggested that vendors use their vendor prefixes without additional characters as outlined in . Extension capabilities. The value can be arbitrary JSON types. Capabilities. Web. Driver capabilities allow the local end to specify what features it desires or requires the remote end to fulfill to be able to create a new session. Likewise the remote end may supply additional entries on the capabilities object returned from creating a new session. If browser name is undefined move to the next step. If browser version is undefined move to the next step. If platform name is undefined move to the next step. If platform version is undefined move to the next step. Otherwise move to the next step. If proxy is undefined move to the next step. If proxy is defined and not a map, append a string saying that a JSON Object is required, else call set the proxy passing in proxy. If page loading strategy is undefined, then set the entry page. Loading. Strategy in server capabilities to normal. If this can not be set during this process return error. If this can not be set during this process return error. If this can not be set during this process return error. If there are items that can not be set during this process return error. Sessions. A session is equivalent to a single instantiation of a particular user agent, including all its child browsers. Web. Driver gives each session a unique session ID that can be used to differentiate one session from another, allowing multiple user agents to be controlled from a single HTTP server, and allowing sessions to be routed via a multiplexer (known as an intermediary node). It is an error to send any commands before starting a session, or to continue to send commands after the session has been closed. Maintaining session continuity between requests to the remote end requires passing a session ID. A remote end that is not an intermediary node has at most one active session at a given time. Unless stated otherwise it is null. Unless stated otherwise it is 3. Unless stated otherwise it is 3. Unless stated otherwise it is zero milliseconds. Unless stated otherwise, it is normal. If it is unset, this indicates that certificate- or SSL errors that occur upon navigation should be suppressed. The state can be unset by providing an . Unless stated otherwise, it is set. It is assumed that any implementation- specific cleanup steps are performed after the response has been sent back to the client so that the connection is not prematurely closed. If the maximum active sessions has been reached, that is if the endpoint node already has a current session, there is a problem processing the given capabilities, or the provisioning of a remote end is impossible, a session not createderror is returned. Typically the New Session response from the endpoint node selected in this process will then be relayed directly to the local end, as outlined in step 1 of the remote end steps. This is represented by the ready property of the response body, which has a value of false if attempting to create a session at the current time would fail. A value of true does not guarantee a new session request would succeed. For an endpoint node ready must be false when the maximum active sessions is equal to the length of the list of active sessions or there is an active user prompt, but there may be further implementation- specific scenarios in which the value is false. Let message be an implementation- defined string explaining the value given to ready. Set a property of body with name . The timeouts that can be controlled are listed in the table of session timeouts below. The keywords given in the first column maps to the timeout type given in the second. Navigation. The commands in this section allow navigation of the current top- level browsing context to new URLs and introspection of the document currently loaded in this browsing context. The normal state causes it to return after the load event fires on the new page. DOMContent. Loaded event fires, and none causes it to return immediately. When it reaches its designated readiness target, return from the overall step of this algorithm. When the refresh period is 1 second or less and the page loading strategy is . This is equivalent to pressing the back button in the browser chrome or calling window. Command Contexts. Many Web. Driver commands happen in the context of either the current browsing context or current top- level browsing context. The current top- level browsing context is represented in the protocol by its associated window handle. A top- level browsing context is selected using the Switch To Window command. Once this is done, a specific browsing context can be selected using the Switch to Frame command. It can be used as an argument to Switch To Window. The order in which the window handles are returned is arbitrary. Because different operating system. Where a command is not supported, an unsupported operationerror is returned. Its JSON representation is the following. Its JSON representation is the following. In particular the implementation is expected to clamp values that are larger than the physical screen dimensions, or smaller than the minimum window size. This typically increases the window to the maximum available size without going full- screen. This typically increases the window to the size of the physical display and can hide browser UI elements such as toolbars. Elements. A web element is an abstraction used to identify an element when it is transported across the protocol, between remote- and local ends. The web element reference for every element representing the same element is the same. When the browsing context is discarded, the list of known elements is discarded along with it. Empire Earth 1 0. To 1 0. 41 Patch - Free downloads and reviews. Need for Speed Most Wanted v. Fix issues with LAN racing, crash bugs, menu loading, and more.
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NPR decides on hosts, Shuster leaves the network, Rapley gets WGBH McGhee Fellowship, and more. Carl Watanabe - capradio. Station Manager Carl Watanabe has been Capital Public Radio's programming manager since 1. A former broadcast coordinator at WGBH-FM, his weekly radio program. Monitor Radio, and WGBH-FM. At WGBH, Margot co-produced the radio. |
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