[Patents] Re: European Union plans to adopt US kind "liberal practice" on software

[Didier Metzen didier.metzen1@libertysurf.fr]

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?
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.
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?

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?

Didier Metzen



robert.bielik@gyrosmicro.com a écrit:

> >In fact, patents should stimulate innovation by providing inventors with a
> means to recoup investments
> >on the basis of the grant of a temporary monopoly on the commercialisation 
> >of
> >the patented products and processes. To compensate for the grant of the
> >monopoly, the invention is disclosed to the public. Innovative industry 
> >should
> >be able to build upon the disclosed knowledge.
>
> This is how it was meant to be. But just look at the US to see what has 
> become
> of it. Patents are used to crush
> small to middle sized software companies, due to in a legal dispute, both
> parties are required to pay a substantial amount of money. Enough to drive 
> most
> software companies into bankruptcy. And this is happening now in the US.
> Do we want it to happen here in Europe too??
>
> >My services are currently exploring if the Directive should be confined to 
> >a
> harmonisation of the status
> >quo as defined by the jurisprudence or if it should go beyond the status 
> >quo
> and
> >into the direction of the more liberal practice in the US.
>
> If the latter would be the recommendation, woe on the independent software
> developers of Europe. They might as well seize what their doing.
>
> /Robert Bielik
>
> _______________________________________________
> Patents maillist  -  Patents@liberte.aful.org
> http://liberte.aful.org/mailman/listinfo/patents