"...there are fanatical and unconsidered changes such as eliminating software patents altogether."

Not really that fanatical, unless you consider Europe to be comprised of 'fanatics' Recall the Software Patent Directive could not get passed there, and several countries had taken stand on this issue specifically directing their representitives at the EU not to adopt the software patent directive. It will never pass in Europe, IMHO.

The jury is still out on whether software patents are good for innovation, and a number of software companies (e.g., Red Hat, Novell, and to some extent IBM) have come out against the present software patent regime.

Well, things would be a lot easier to deal with if simply bringing an example of prior art was automatic grounds for revocation of a patent without the right of appeal (except where the patentee can argue it's not prior art). People would lose a lot less sleep if there were less involvement from the courts and a more direct involvement of the patent offices before, during and after the patent being issued.

Enigma, of course I don't see the EU as comprised of fanatics. But, I do see them as behind on innovation. I hope that fine they slapped on Microsoft gets them through the fiscal year when innovation didn't really turn out. Why would the US take the EU as a model?

MikeT, I belieave the New Zealand Open Source group went through their patent office and that similar action in the US would go through the USPTO. I need to check into this more.

Now, you can't follow the New Zealand group's efforts for every obvious patent. In fact, they they were very strategic in targeting the MIcrosoft patent. Sounds like something that can also be done by open source consortiums and other industry groups.

***"an analysis was performed on many software patents that potentially could have been opposed. The NZOSS chose the Microsoft word processing XML patent because of clear prior art that invalidated it and the potential for the patent to greatly impact on software innovation in New Zealand”.***