From marmalade@x-stream.co.uk Sat, 28 Aug 1999 18:50:29 +0100
Date: Sat, 28 Aug 1999 18:50:29 +0100
From: Nick Fleming marmalade@x-stream.co.uk
Subject: [Patents] Re: [Patents] Re: Hypothetical Example

PILCH Hartmut wrote :
 
> not only that: patent licenses are usually granted on an exclusive basis
> to the party that can generate the greatest revenue from the patent and
> will therefore pay the highest license sum.  So, if you want to solve your
> simple database problem, be prepared to outbid Microsoft.

Is this true - can you back up this claim with hard evidence ? Apparently the
patent laws are slightly different all over Europe, which is why the green paper
was introduced. Im sure that Patents are not granted on this basis in England !
(I havent checked this yet - Im waiting for a reply from the UK Patent office.)

It is most important that **everyone** stick to the facts !

> Nobody is talking about harmonisation with Japan and the US, only about
> harmonisation among the European patent systems. 

Yes, they are !. I refer you to John Moggs (Director General (DG XV)
European Commission, Speech from the 1998 Conference on Software
Patents 'The Importance Of Software Patents To The European Community' :

"Globalisation of the markets is an inevitable issue.
Furthermore, the value of what is produced lies more in the intangible
investment component. In global markets, the level playing field is essential.
In the area of computer software, it is necessary to ensure that the laws
in Europe are not too different from what they are in US and Japan. Particularly
true in the context of the internet, where software can be downloaded through networks
from anywhere in the world. Same level of protection is needed."

Note: Copies of this can be downloaded from the UK patent office. It is
worthwhile reading it if you havent already done so.

> But most of the
> people from the patent organisations talk in an encrypted wooden language
> (langue de bois), like members of the soviet politbureau.  A very special
> meaning, known only to insiders, is hidden behind their apparently
> pathetic and empty words.

It is also most important not to use this discussion area to insult people.
I believe the people who work in the patent offices are not to blame, and
may actually be our best allies, all things considered. As to their language,
remember that every profession has its own jargon. I am sure you did
not intentionally mean to insult anyone Pilch ! :-)

Yours diplomatically,

Nick F.





