[Patents] article by patent examiner on swpat inconsistencies

[PILCH Hartmut phm@a2e.de]

On 

        http://swpat.ffii.org/vreji/papri/patpruef/

you can find a draft German translation of the recent article by Dr Swen
Kiesewetter-Koebinger, a former programmer and present day patent examiner
at the German Patent Office, on the inconsistencies and illegalities of
software patenting.

This article is well written, based on clear and original thinking in
combination with rich experience in programming, patent examination as
well as reading of juridical literature.

Dr Kiesewetter-Koebinger shows that the patents that he is forced to grant
day by day are harmful and violate German/European law.  He does not
discuss in detail the concept of technical character but rather shows that
Art 52 of the EPC is a list of disclaimers about objects whose imitation
can under no circumstances be prohibited using patents, and that, no
matter how patent claims are written, the real object of a patent consists
in the solution to a problem.  If this solution is a programming solution,
then it is a computer program as such, according to the spirit of the
existing laws.

Unfortunately the translation still contains a lot of errors. It will be
straightened out during the next few days, I hope.

-phm