[Patents] basic ideas reviewed

[PILCH Hartmut phm@a2e.de]

                      Proposal for Revision of EPC =A752
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     The limits of the patent system as defined in the European Patent
     Convention have over the years become blurred. The patent offices
   exploited every perceived loophole in the letter of the Article 52 in
     order to expand the scope of patentability. Here is a proposal for
   revision that would achieve a clear delimitation while preserving the
                      original spirit of the article.
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     * Basic Ideas
     * Our proposal for reform of =A752
     * Current Version of =A752
     * Rules of Transition
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Basic Ideas

   The delimitation can be better understood by recourse to Karl Popper's
   Three-Worlds-Theory
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    1. World 1 is the material (tangible) world. When I hand over a
       tangible object to you, I can no longer freely dispose of it.
       Tangible objects change owners upon handover. We can reduce the
       costs for reproducing tangible objects by producing them serially,
       i.e. by means of industrial mass production.
    2. World 2 is the subjective world, i.e. the world of human working
       capability, including human thinking and acting. When I work for
       an employer, I can no longer freely dispose of my work capability.
       Human work changes owners upon handover. We can reduce the
       reproduction costs for human services by cultivating human talent.
    3. World 3 is the world of information. When I transfer a text file
       to you, I still posess the file. Informational objects don't
       change owners upon handover. We can the reproduction costs to a
       limit value of zero, because informational objects are independent
       of their carriers aswell as of time, space, matter and human work.
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   Patent rights are temporarily and spatially limited prerogatives to
   the application of informational fruits (world 3) of human work (world
   2) to the end of producing tangible goods (world 1).
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   Patent rights are granted in order to stimulate the development of
   technology and promote the publication of technical knowhow. They
   serve to recompense inventors for contributions to public interest
   which are usually not made if there is no recompense. Such
   contributions usually consist of three aspects, which are all linked
   to patentability criteria:
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   publication (enabling disclosure) of knowledge | novelty
   investment in research and development         | inventivity
   investment in production facilities | industrial application
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Our proposal for reform of =A752

(see last mail)

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