[Patents] Third Paradigm between Patent and Copyright

[PILCH Hartmut phm@a2e.de]

> > I think the patent system should work like that, possibly with longer
> > validity.

This prompted me to work the logilege concept out one step further:

http://swpat.ffii.org/stidi/basti/indexen.html
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              Third Paradigm between Patent and Copyright Law

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   Three months before the logilege publication, the "problem to be
   solved by the innovation" must be announced. During the ensuing three
   months, any person may submit solutions to this problem. 
   These submissions are published together
   with the logilege description and are treated as prior art, unless
   the submittant decides to assign them to the logilege.  If one or
   or more submitted solutions fall into the logilege's claim scope and
   the owner fails to persuade the submittants to assign them to the
   logilege, the logilege is invalidated and the deposit money is distributed
   equally among all claim-breaking submittants.
   
   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 lightness and shortlivedness of
   abstract-logical innovations requires a fast and unbureuacratic
   procedure, while the great public cost, that any privilege on
   abstract-logical innovations tends to generate, demands a high degree
   of responsibility on the part of the privilege owner.
   
   Many aspects of the logilege could also serve to inspire a reform of
   the existing patent system. But within the framework of treaties such
   as TRIPS, such a reform is hardly feasible, and in the area of
   concrete-physical inventions, the necessity for it is not felt very
   clearly. For example, the submission competition is indispensable for
   abstract-logical innovations, because the privilege-worthy innovations
   must be filtered out from a fast moving world where innovation is
   daily routine and prior art is rarely consulted let alone documented.
   Thus any third paradigm system of exclusion rights faces specific
   challenges, for which the patent system never needed to develop an answer.