[Patents] Re: french views

[Pierre BREESE pb@breese.fr]

> Of course we welcome Mr. Novatek or Mr. Breese to discuss with us, but
> they have no reason to adopt a high-brow attitude like "what a pity" ...

You have a bad opinion of Patents lawyer. It’s your right and I’m not
interested of being pleasing to everyone. As Bernard knows, I never clam up
about software patent.

In my concern, I 'm mostly in touch with small companies and start-up. They
have a burning need of protecting their innovation, especially software
innovations. They can’t abdicate of the possibility of claiming a solid
industrial property right, particulary in partnerships with big clients. They
must manage the “return of invest".

Your standpoint lead astray many young companies I met : they deduce from the
report of your opinion that software are nowadays excluded from patent system
in Europe. When I show them that foreign competitors (they not lead from this
kind of misinformation) are titular of patents even in Europe, they feel
trapped.

Software patents in Europe are a reality. Companies have to take this reality
in account. This doesn’t mean that all companies MUST file software patents.
I agree that the “free software” model is a quiet good and efficient
marketing model. But you can’t foist this marketing model to companies or
people that have the chance to be financed from governmental resources or
from other resources.

 My proposal is rather making progress patent law in order :
- to avoid conflict between patent and standard by compulsory license system,
or
- to give the possibility of sanction patent counterfeit not only by the ban
of exploiting the patented matter, but, in some case, by the possibility to
exploit under license.

You must be aware that software patents are more and more used in Europe,
that companies are familiarized with dealing patents politics in order to
conclude alliances, and that the point of view of the sole consumers is to
reducer.
Europe can’t become a country limited in consumption of technology developed
of foreign companies structured on their patent system.

Best regards

Pierre BREESE pb@breese.fr
Patent attorney in PARIS
www.breese.fr / member of www.brevets-logiciels.com