[Patents] Patent system run for consumers or producers?

[PILCH Hartmut phm@a2e.de]

> Why should we consider patent monopolies on abstract mathematical
> methods and algorithms on any grounds other than this: would they  
> benefit software consumers?

One further step back:  "would it benefit the public?"
This is almost synonymous to "would it benefit consumers?"
However this is not a criterion that a judge can use.
The legislator must translate it into something that a judge can use.
Here we are lucky enough to have a patent law tradition that has already
defines for us a very systematic and workable criterion called
"technicity".

For most patent professionals the thinking seems to be the other way
around.  It is

"would it be helpful for systematically developping of the patent system?"

Greg's top criterion is similar:

"would it contribute to systematically improving the examination system?"

>From this then follows

"the patent system must apply to anything useful, without limits,
 so that all people suffer equally and each one's suffering can add
 to the motivation of creating a perfect examination system."

However both of these are wrong, because the interests of the public and
the consumers are not on top of the value hierarchy.

-phm