From phm@a2e.de Tue, 16 May 2000 08:09:31 +0000 (/etc/localtime)
Date: Tue, 16 May 2000 08:09:31 +0000 (/etc/localtime)
From: PILCH Hartmut phm@a2e.de
Subject: [Patents] Re: European Union plans to adopt US kind "liberal
 practice" on  software

> OK we can decide to deal with patents on software in a different way than the US in
> order to save small software companies.
> Now does it mean that these software companies cannot sell their products in the
> US?

Yes, that's what it would mean.

> What about big european software companies? If they want to compete with US
> companies in the USA, they are going to fill in patents in the US. And nothing in
> Europe
> 
> I wonder how realistic it would be.

Why shouldn't it be realistic?


> Do you think that US companies are going to release more innovative products in
> Europe if the risk to be sued because of patent infringement is lower?

Yes. 
Actually the US were lax about copyright as long as their position was not
dominant.  Only when they became dominant did they try building up IP
protection to its current level.
So it would not only be legal and logical for Europe to reinstate its
'software as such' exception and its stronger definitions of technicity
and industriality, but this would also be in line with the fact that
Europe is not dominant in the software industry.

EPO statistics show that 75% of the sw patents held in Europe belong to US
and Japanese companies.

They patent inflation advocates conclude from this that Europeans must be
forced to get used to software patenting by having a 'liberal' system at
home.  

The more logical conclusion is, however, that Europeans must start
practising to patent software in the US (and its good disciples such as 
Japan and others that may follow).  For large corporations such as Siemens
that is no problem anyway.  And others will be helped by international
patent consulting agencies.  'The Market' (usually an object of worship to
the patent inflation ideologists) can be trusted to take care of these
things.  No need for EU state agencies to rush to action.
 
> Of course the way it is used now in the USA is crazy. But they are business
> weapons.
> What's the trend in the USA. Forget about patents on software?
> 
> Perhaps we should at some automatic licensing framework on software?

??

Je ne comprends pas.

-phm





