[Patents] English translation of SSLUG.DK's comments on the EPO Basic Proposal

[Bernard Lang Bernard.Lang@inria.fr]

On Sat, Nov 18, 2000 at 11:09:42PM +0100, PILCH Hartmut wrote:
> Here are some small criticisms
>  
> > What does the society gain by issuing patents?
> 
> The question "what does an innovative software developper gain?" should be
> asked first.

No ... that is just the USA game ... what do the individual gain ...
leading to "natural right of the first inventor" ... which is contrary
to history and democratic principles.

First question is "What does the society gain", since it is the
foundation of law and democracy.  Of course, the repect of each
individual is part of the gains of society, since people will not want
to participate in a community that denies them.

   This creates the fundamental difference between patent and
copyright - or more precisely "droit d'auteur".  Society has an
interest in protecting copyright, since only the author could possibly
contribute whatever he contributes that copyright will protects.
Anyone else would make a different contribution.
   Not so for patents since, especially nowadays, what is not invented
by X will be by Y.  So patenting has no reason to be universal, but is
only justified by the economic benefits it will bring, from which the
harm has to be substracted.  Encouraging innovation (research) is one
part of the benefits, and is thus the individual recognition
components (and can thus somewhat exceed in weight the financial
investment of the innovator).  Other parts include encouraging
disclosure of innovation and actual use in industry.
  Harm stems from side-effects on economy and innovation, on the
functionning of society (societal effects).  Ethical considerations
may also have to be weighed.

Bernard


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