[Patents] monopoly/publicity contradiction?

[Erik Josefsson poiqwe@excite.com]

>>I and >Steve Probert wrote:

> > Could you compile and run any of the swpat code 
> > that is published in UK?

> Yes, most if not all of it I should think...
> ... but... if the applicant files source code
> with bugs in it, that is what gets published.

Would it be legal to download swpat source and run it?
(if it works, that is;-)


> > To publish the source would perhaps make (logical) sense in the 
> > monopoly/publicity exchange (i.e. the patent system)? 
 
> Absolutely right. 

If this is right I think we have reached a contradiction.
Unless you deny that a computer program is a process and
a product, the patent system publicity principle makes
the product itself available to the public.
(Sounds like GPL to me ;-)


> But unless the disclosure is sufficient to enable
> a reasonably competent programmer to perform the
> invention, it won't get granted.

If "perform the invention" means to put the invention into
executable code we even have a patent granting critera
that will give the public access to every swpat product.
(perhaps the EPO should work on a licence;-)

kind regards

//Erik






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