Here are some photos from yesterday's demonstration at the European Patent Office. Press coverage will come soon.

Last year, the European Patent Office (EPO) issued far fewer patents than in 2006. The Munich patent authorities have announced that they approved exactly 54,699 patent applications for commercial protection, 12.9 per cent fewer than in the previous year.

Enlarged Board
The reason this has now come to a head in Europe is because the Enlarged Board of Appeal of the European Patent Office has been debating whether software patents should be enforceable in EU counties. The battleground is Article 52 of the European Patent Convention, which specifically states what's excluded from patent protection.

In a recently published decision (PDF file), the US patent office has declared US company Blackboard’s e-learning patent invalid. The patent office rejected all 44 claims in the disputed US patent number 6,988,138, (“Alcorn patent”) for a system for teaching in a virtual classroom using the internet, including chat, a virtual blackboard and provision of teaching materials.

Richard Stallman made an unexpected appearance at a European Patent Office presentation in Brisbane today.

Stallman, pictured, who was also due to address the World Computer Congress later in the day, carried a placard that said: "Don't get caught in software patent thickets".

"...The legislature (the European Patent Convention) says that software ideas are not patentable.

The executive (the European Patent Office) ignores this and approves software patent applications.

The judiciary (the national courts) usually declares the EPO's software patents to be invalid whenever there is a court case. .."

Six months ago I noted that the European Patent Office had embarked upon a fairly abstruse process:

Red Hat and Novell stood up to a patent bully and got a favorable jury verdict in the IPI trial which invalidated some software patents that should never have been issued. It's hard to see how that's not a good thing for open source. It's also good that the particular battle has inspired discussion of the need for fundamental reform of the U.S. patent system.

The Peer-To-Patent Project is a new initiative by New York Law School's Do Tank in cooperation with the U.S. Patent Office to use open source and open knowledge techniques to help stop the deluge of bad software patents in America.