[Patents] Patent system run for consumers or producers?

[Pierre BREESE pb@breese.fr]

> But the patent system is supposed to be run for the benefit of consumers
rather than producers.

No. Patent system is an economical regulator. It permit’s inventors to
manage their “return of investment”. Patent system is used to benefit to
the whole community including consumers, firms, and employees.
And I agree Harmut's comment, according the court has not to take in
account such consideration.

>…software needed to be kept free from patents because it belonged to the
realm of immaterial activity, which is outside the scope of the patent
system.

Immaterial activity doesn’t imply “dreamlike economy”. Immaterial
activities become “intangible assets” when they result in juridically
identified objects. Patents are such juridically identified objects, and
small companies have a burning need of such “objects” in order to built
their economic identity and to assuring their long term stability.

I agree that such considerations are quite faraway form concerns of
software consumers, free software distributors, or computer scientists
financed by public organizations. It seems that in software patent debate,
free software activists only take in account a short-term purpose. But, in
my opinion, disregarding the legitimate interest of software firms is a
mistake, and would damage the future of software industry.

Pierre BREESE
Patent attorney www.breese.fr
Member of www.brevets-logiciels.com