[Patents] A resolution draft

[PILCH Hartmut phm@a2e.de]

looks very good, but your list of problems could be improved: 

> 2) Further noting the still existing great amount of unsolved problems in
> software patents like:
> *  Inefficient  long period of protection (20 years)

20 years is quite efficient from the point of view of Unisys and other
companies who can collect license fees for 20 years.  Moreover it is
mandated by the TRIPS treaty which can't easily be changed.  I'd say
something like

* abstract-logical nature of software, which is in conflict with 
  the patent system's requirement for concreteness and physical substance
  (technicity) 
* triviality of most software patents, which is due to the fact that you
  can easily find a new abstract idea in an hour and the real work lies
  often in the implementation, which is already protected by copyright
* possibility of patenting all relevant ideas and social methods of the
  information society by means of patenting the software used to implement
  them
* long period of protection (20 years) inadequate for mere
  abstract-logical ideas

> * The lack of IT-expertise among the patent inspectors which would lead too
> wide patent claims to be accepted as has happened in the United States
> * The problem of anti-competitiveness; US software patents, if easily
> transferable to EU, could substantially narrow competition in the
> European Union, give dominant position to US corporations and have
> negative influence among european IT start-ups

anti-competitive effects of software patents:  small companies have
nothing to gain even if they obtain many software patents, because each
software system consists of thousands of potentially patented algorithms,
which will usually belong to other, larger companies.  Under these game
rules, only a monopoly is effective. 

I'd leave out the US-EU antagonism and rather not that software
patentability is recognized as harmful even by opinion leaders in the US
software industry.

> * The negative effect of patents to the interoperability of computer
> programs

you could also consult the list of arguments quoted in 

        http://swpat.ffii.org/vreji/papri/digidilem00en.html

from the Digital Dilemma report of the US National Academy of Sciences.

keep it up!

-phm