[Patents] Re: [FYI] (Fwd) PATNEWS: Horrible ecommerce patent claim

[PILCH Hartmut phm@a2e.de]

Greg reported in Patnews:

> An administrative board for the European Patents Office has voted 10-9
> to allow patents for software in Europe, with a final decision coming

I think Greg got it completely wrong.  The vote was

 10 for unlimited patentability
 9 for unlimited patentability with contradictory exceptions
   remaining in the law for cosmetic purposes, but software
   explicitely patentable

Not a single member of this patent lobbyist board voted against removing
software patentability.

> in November at a conference of the all the countries represented by
> the Office.  Software patents are available in the U.S. and Japan, and
> multinational companies have been arguing for unlimited patenting as
> part of a uniform global legal framework. Critics, however, fear that
> large companies will use the patenting process as a tool to squelch
> innovative technologies that threaten their standard products. Among
> the dissenting countries were Germany, the U.K. and France. The head
> of the German delegation expressed his reservations over the change:
> "We would have problems with the U.S. tendency to patent everything
> that can be patented. That would stifle innovation and cause a glut of
> litigation." (Wall Street Journal 13 Sep 2000)

This confirms my view:  the head of the German delegations needs to
pretend that he wants to do it better than the US because the US got such
a bad press.  But he avoids a clear statement on software.  He hopes to
support total patentability, while at the same time getting a better
press. 

> http://interactive.wsj.com/articles/SB968792884357682385.htm

not readable for non-subscribers of the Wall Street Journal

> [note: from a commentator on a patent discussion group - ]
>     BTW, I am told that among the voters in favor of software
>     patenting are major industrial countries such as Lichtenstein and
>     Monaco, who did make the difference ... one wonders about the
>     motivations ...

If our governments really wanted to oppose the patent lobby and defend the
general interest, all they would ned to do is state their will clearly.
The EPC cannot be changed against the will of any single member state.

>     I do not know the exact list of voters, but it appears clearly
>     that more work is needed in some countries to inform the political
>     powers concerning these issues.  But note that the votes of the 3
>     countries above, unhoped for not so long ago, show that we can
>     lobby effectively on these issues.

In fact our lobbying has shown slight effects.  The patent lobbyists, who
hold all the power within our governments, have become a bit more careful.
They are engaging in even more conscience-appeasing cosmetic exercises
("vague definitions and moral lyrics" as MdB Wodarg calls it) than before.  
But they still get everything decided as they want it, because governments
and parliament members, while collecting high salaries from the state, do
not care to inform themselves on issues vital to their country.

We must put up a much stronger fight. 

-phm