[oc] Patents and their applicability

[John Dalton <john.dalton@bigfoot.com>]

I've just been doing a little web-surfing on patents as they
relate to OpenCores, and have come up with some interesting
differences between the US and Australian (where I live)
patent systems.

Here is a quote from the "IP Australia" web site (http://www.ipaustralia.gov.au/patents/what_index.shtml)
in relation to the question "What is a Patent?"

  "A patent is legally enforceable and gives the owner
   the exclusive right to commercially exploit the
   invention for the life of the patent."

Here is the corresponding quote from the USPTO
(http://www.uspto.gov/web/patents/howtopat.htm):

  "A U.S. patent for an invention is the grant of a
   property right to the inventor(s), issued by the
   U.S. Patent and Trademark Office. The right conferred
   by the patent grant is, in the language of the statute
   and of the grant itself, "the right to exclude others
   from making, using, offering for sale, or selling"
   the invention in the United States or "importing"
   the invention into the United States."


See the difference?  In Australia, patents only cover commercial
activity.  Hence provided I don't exploit it commercially, it
is legal for me to design and build anything.  In the US, it
seems to be illegal to build or use a patented invention for
any reason.

It strikes me that this second position is evil, striking
at the heart of the pursuit of knowledge.  Fair enough you
can't set up a business in competition to a patent holder,
but to rule out ANY use of an invention (learning, research,
teaching, ...)  Have I missed something in my interpretation
of the two patent systems?

Can anyone provide information on the situation in Europe?  All I can find is the
following quote (http://www.european-patent-office.org/legal/epc/e/ar2.html#A2)

  "The European patent shall, in each of the Contracting States for which
   it is granted, have the effect of and be subject to the same conditions as
   a national patent granted by that State, unless otherwise provided in this
   Convention."

That is, it varies from country to country.

Given that the Australian Government is currently pushing for
a "free trade" agreement with the US, Australian list members should
be vigilant and jealously guard the "commercial only" nature
of the Australian patent system.  (And also strongly resist and
push to extend copyright terms.)

Regards
John
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