Patents in Europe

[AtW]

I understand you can't patent algorithms in the UK right now, and since EU Parliament rejected current version of directive it won't be possible for some time.

Does this mean that a US patent that has got algorithm in it can be enforced in Europe? Logically the answer appears to be NO since logically only those patents that can be in principle patented here can and should be enforced, but those legal things are so illogical that I wondered if anyone knew more about it.

So in short it looks like this:

1) Idea A is not patenteable in EU
2) Idea A was patented in USA
3) Can USA patent be enforced in EU?

[xondo]

The same as it was 4 years ago, back to square 1
http://www.marks-clerk.com/attorneys...aspx?newsid=55

[tim123]

I don't see how a smart lawyer helps.

Owning the patent is not the hard part here. It's enforcing it. There's an awful lot of FUD involved. A large percentage of software patents could be voided by the use of prior art if you are prepared to go to court.

But most people aren't, so when the patent holder threatens you with "pay up or else" they usually decide that it's easier to pay. But if your in Europe and the US company threatens you over a software algorithm you can just laugh at them.

tim

[WageSlave]

As I understand it, you cannot patent an algorithm in the UK. However, there are ways around it, and although it is not technically possible, with a smart lawyer you can get around it.
The trick is to put the algorithm in a 'machine' with 'industrial application'.

Of course, a patent is only as good as the originality of the idea. So if it turns out that your algorithm is similar to one already in the public domain, you would stand little chance of upholding it in a case against someone stealing your code.

[AtW]

As you know at the moment there is a big fight to make patent system in Europe as perversed as it is in the USA. Specifically this applies to patenting software algorithms that I understand is doable in the USA.

Now question: am I right that this is not currently possible in the UK?

If yes, then does it mean an USA patented algorithms is not vaid in Europe?