From notobvious@hotmail.com  Mon Nov 27 10:40:36 2000
Date: Mon, 27 Nov 2000 10:40:36 -0000
From: John Smith notobvious@hotmail.com
Subject: [Patents] Re: your mail

> > There are many other words that are regularly being exploited by
> > patent ideologists for creating confusion.  Such as
>
> > 	intellectual property
>
>    which is highly biased politically (see Orwell's Newspeak).  A
>ressource does not have to be a property.  The word should be
>"intellectual resource"
>
> > 	non-obvious
>
>    always was absurd, since when 2 people apply for the same patent
>whithin a few days, it is still considered non-obvious.

Now we really are in the realm of Newspeak. Property of course is owned, but 
if it's a "resource" then it's anybody's. Maybe you should read Karl Popper 
some time.

If you deny that intangibles can be property do you also oppose copyright? 
Trade mark protection? Design protection?

As for absurdity, Hartmut Pilch accuses me of repeating myself, but nobody 
seems to get the point: there is no "theory of patents" which obeys a higher 
logic and will satisfy the European mind. It's an ad-hoc collection of rules 
designed to protect investments. "first-to file", which is what Bernard Lang 
seems to be objecting to, is admittedly rough justice and the US alternative 
- first to invent - is more equitable, but at a horrible price. If patent 
lawyers were really so evil we'd all be lobbying for the US system because 
of the heaps of money to be made out of it.

In the end, all legal systems have to call a halt to litigation somewhere in 
the interest of legal certainly (be interesting to see what happens over the 
Florida ballot) and this is just as true in the patent field.

I fear Greg Aharonian is going to be pretty disappointed when he gets the 
translation of the German case on which Hartmut Pilch puts so much store. As 
for Kolle's paper, I must admit I've never heard of anyone taking him 
seriously before...

"notobvious"
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