As amended in 1999, 35 U.S.C. § 6 authorizes the Director of the Patent and Trademark Office (PTO) to appoint all administrative patent judges of the Board of Patent Appeals and Interferences.

On any given day you can find thousands of words of reporting, advocacy and debate over the role of patents in technology. One side promotes the availability of patent protection as the source of much innovation, while the other contends that patents have exactly the opposite effect, and many other vices besides.

"...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. .."

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.

In 2004, Brandeis economist Adam Jaffe and Harvard Business School professor Josh Lerner published Innovation and its Discontents: How Our Broken Patent System is Endangering Innovation and Progress, and What to Do About It - a rare book on patents and written for generalists, not patent lawyers. "Broken" is strong language, but it gets attention.

We’ve just begun a new project at Mozilla to create a tool that can help defend against invalid software patents...The problem is that when patents are asserted or enforced, it’s difficult, expensive, and time consuming to find the references (documents or other software/systems) that contain the elements of the asserted patent claims, also known as prior art.

Life is never easy for an open source evangelist. The OOXML drama came to a close on 2nd April 2008 and we were on to our next issue -- software patents. The Draft Patent Manual might end up bringing software patents through the back door. this would be surprising because the Indian parliament explicitly rejected software patents in the Patent Amendment Act 2005.

There will be a BRM (Ballot resolution meeting) in Geneva on 25-29 February 2008 to answer the comments by National Standard Boards on OOXML and to resolve issues. Microsoft has set up a situation where many of the shortcomings and thousands of comments which need to be resolved at the BRN will not be addressed. They have closed this process as much as possible and have delayed National Boards from having adequate time to review proposed changes.

Officials seek help with preserving government e-mails to show how decisions are made.

AUGUSTA — To most of us, e-mail feels less important than a letter.