From ramon@jl1.quim.ucm.es  Wed Nov 22 12:59:28 2000
Date: Wed, 22 Nov 2000 13:59:28 +0100
From: Ram'on Garc'ia Fern'andez ramon@jl1.quim.ucm.es
Subject: [Patents] Re: Patents digest, Vol 1 #345 - 13 msgs

On Wed, Nov 22, 2000 at 09:45:23AM +0000, Edward Avis wrote:
> Each needs to be decided on a case-by-case basis, working out whether
> granting a twenty-year monopoly is economically justified.
> 

This is a common misunderstanding and one of the issues why in
general it is difficult that patents work well. The examiner cannot
decide when a patent is good for the society or not. He can apply
the law only. Nothing more. Nothing else. If the law says that
a patentable invention has "to be non-obvious" (US) or "it must
have an inventive step" (Europe) and an invention meets these
criterion the patent office *must* grant the patent.

The decisions of goverment agencies cannot be arbitrary.

Ramon




