[Patents] simple questions

[PILCH Hartmut phm@a2e.de]

> If the EPC is amended next month, the most significant result may be
> that people realise that software can (in some circumstances) be
> patented.  Now (speculating), I wonder whether that might be one
> reason for the proposed amendment?

It is one of the pretexts, and a very moot one. Usually people who inform
themselves about what is legal don't read the law text.  The law text is
not designed to fully inform the naive layman.

For informing the layman, we have illustratory textbooks, such als Lamy
Droit Informatique.  This textbook explains why under current European law
computer programs are not patentable and at the same time warns that
software patents of a questionable legal status can nevertheless be
obtained at the EPO.

Lamy's view is confirmed by court verdicts such as that of the Federal
Patent Court, which rejected IBM's claims to a "computer program" or
"computer program product" two months ago for not being acceptable as
statutory subject matter under Art 52.2c.

While Lamy provides a model of explanation that is consistent with both
the law and reality, the EPO provides only a network of fallacies, which
has been repeatedly analysed not only by Lamy (and the author M. Vivant in
other articles), but also by the doctoral thesis

        http://swpat.ffii.org/vreji/prina/drtw.pdf

The EPO and its clique are a bunch of dishonest, law-breaking and
self-serving oppressors relying on brute force.  Even if they manage to
adapt the law to their practise in November, this will be an unjust law,
which any honest citizien will have to disobey.

-phm