[Patents] Third Paradigm between Patent and Copyright

[PILCH Hartmut phm@a2e.de]

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http://swpat.ffii.org/stidi/basti/indexen.html

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              Third Paradigm between Patent and Copyright Law
                                      
     Some scientists and politicians have argued for a "Third Paradigm"
      between patent and copyright law, i.e. for an specially tailored
    exclusion right (ius sui generis) for abstract-logical innovations.
      Others have warned against allowing any type of appropriation of
    abstract-logical concepts: on the one hand side such property rights
   would very often not compensate the really cost-intensive part of the
    software innovation process, while on the other hand side generating
      high public costs by limiting important freedoms. Many software
     developpers and IT entrepreneurs consider software copyright to be
      "quite sufficient" or even "perfectly tailored to the reality of
     software innovation". Yet few would doubt that a "Third Paradigm"
    could serve as a transitory solution for converting legacy software
               patents into a universally acceptable status.
                                      
   
Soft Patents for Harware Logics

   Innovative processes for whose implementation not more than a new
   computer program running on known hardware is needed, could still be
   monopolised in those cases, in which they do not run on a universal
   computer. Thus, if a car maker does not choose to lay out his motor
   control device for customer-side reprogramming (making it more costly
   and less safe), he would probably prefer to pay moderate license fees
   to a patent owner.
   
Logilege: Use Privilege for Abstract-Logical Innovations

   The owner of a logilege (logical innovation use privilege) discloses
   an innovative abstract-logical method and enjoys exclusion rights on
    1. application of the method for commercial purposes
    2. implementation of the method in property-restricted objects (e.g.
       in proprietary software)
       
   for three years starting from the day of disclosure. Nobody may be
   excluded from
    1. the right to use the method for achieving interoperability
    2. the right to publish the method in freely republishable
       information works (e.g. free source code) with an appropriate
       pointer to the usage restrictions
       
   The disclosed logilege description comprises a reference
   implementation and a set of claims. The logilege description must
   satisfy strict formal and material requirements so as to make it easy
   for the public to access the description and test whether it meets the
   requirements.
   
   The logilege enters into force on the day of its disclosure. There is
   no examination procedure. The owner guarantees that claims are valid
   by paying a deposit of 10000 EUR, which will be paid to the first
   netizen who succeeds in proving the invalidity of the logilege. One
   serious flaw, such as an inadmissible claim, suffices to invalidate
   the whole logilege. Posterior narrowing of claims is not allowed.
   
   Logileges can be granted for those innovations which due to lack of
   concreteness or physical substance (technicity) fall out of the
   classical patent system. The lightweightedness of abstract-logical
   innovations requires a fast and unbureuacratic procedure, while the
   great public cost, that any privilege on abstract-logical innovations
   is likely generate, demands a high degree of responsibility on the
   part of the privilege owner.
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    http://swpat.ffii.org/stidi/basti/indexen.html
    2000-09-01 SWPAT-AG des FFII