[Patents] Re: Patents digest, Vol 1 #191 - 13 msgs

[robert.bielik@gyrosmicro.com robert.bielik@gyrosmicro.com]

Didier Metzen wrote:

> 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?

Well, not really. Practically there wouldn't be a problem with this, as the
software patents
as such are not valid in Europe today. Am I correct?

What above all is needed is a _global_ approach towards solving the problem. 
Not
just Europe vs. USA
vs. Japan. A lot of companies has due to Internet become "international" . 
This
makes the question
of selling products in this or that country obsolete. They are simply selling
products.

The question is: Shall we adopt the US model?? Just being sued for patent
infringment costs a company
a minimum of 500.000 USD. Now, for the most companies, this is enough to kill
the business.
What I don't understand is WHY it should cost the accusee anything, just for
being accused? That should
be a risk all on the accuser. The accusee still looks at the possibility to 
lose
a legal dispute and
that should be enough.

>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?

Perhaps not. Though this exactly is the situation of today. I don't see any
tendency of US companies not
releasing their (innovative) products in Europe, do you ??

>Of course the way it is used now in the USA is crazy. But they are business
>weapons.

Wrong. Patents are not business weapons per se. The original meaning of them 
was
to ensure the exclusivity of
usage during a determined time. Other companies could then view the patent and
build upon it, thus not
infringing on it.

But what happens in US today is that companies (composed of mainly lawyers) 
buy
patents
and sue other companies for infringement, thus making them weapons. And all 
for
profit.
Now, is this a sound approach I ask ??

>What's the trend in the USA. Forget about patents on software?

No, they won't. And they will accept even more (obscure) patents. Do you know
that a man quite recently had
been approved a patent for the function "Save As..." in programs? I know, it
sounds idiotic and it is. Problem
is that one or several companies will still go bankrupt due to being sued for
patent infringment before the
patent can be reevaluated and discarded.

/Robert Bielik
Software Engineer