[Patents] re. consultation and conference

[Steve Probert steve.probert@patent.gov.uk]

>Not quite in my opinion.  Simple majority is enough (SOFT solution),
>or even only 6 countries are enough if really willing to fight the
>issue (HARD solution).
>  The real issue is whether official representatives of the countries
>are willing to do it, or whether some will, as already happened
>previously, try to circumvent their given mission by pretending not to
>know how to do it.
>  That is why I am being so explicit and detailed.

That's fine.  But don't forget that the forthcoming conference in Munich is 
not only about the software exclusion.  There are a lot of other amendments 
associated with various reforms of the EPC.  The individual details of the 
whole package were worked out some time ago,  and it took a lot of effort to 
get agreement on some of the amendments.  That was the most appropriate time 
for the contracting parties to decide what to do about Art 52, and a simple 
majority decided then to remove the computer program exclusion.  I don't need 
to remind subscribers to this list how the UK voted at that time and, more 
importantly, why it voted that way.

The rules of procedure were also agreed in advance of the Diplomatic 
Conference in order to ensure that any controversial issues were sorted out 
in the various committee stages.  Unpicking the rules of procedure now might 
jeopardise the whole package - similar to your hard option.  I'm not 
suggesting that your soft option would not work - it might.  But I very much 
doubt whether the delegates will do anything that might jeopardise the whole 
package of reforms just to overturn something that has already been agreed by 
a simple majority.  If someone with the opposite view suggested holding the 
entire conference hostage over one issue like this, you'd accuse them of 
trying to deliberately force the issue.  And others on this list would use 
even stronger language!

Steve Probert
                                                                              
                                                                              
                                                                              
                                                                              
                                                                              
                                                                              
                                                                              
                                                                              
                                                                              
                                                                              
                                                                              
                                                                              
                                                       !