[Patents] monopoly/publicity contradiction?

[Bernard Lang Bernard.Lang@inria.fr]

On Tue, Dec 19, 2000 at 02:38:58PM +0000, Steve Probert wrote:
> PILCH Hartmut wrote:
> > To describe a program "invention" accurately, you need to describe it in a
> > formal language, which can be executed on a computer. 
> 
> Not at all.  In the majority of cases a description in plain language is
> much clearer and far more effective.

well, I would hardly say that the legalese used in patents is "plain
language", nor that it can be understood by a sane programmer ...

On the other hand, not fully formal descriptions may lead to include
in the description things that were never seen by the patent
applicant.
  I have an idea of a topic (now fully public domain) on which I could
construe a case ... but not much time to do it now.

> > Programs have a dual nature, which defies the normal distinction between
> > monopoly and publicity.
> > Do you understand the point now?
> 
> No.  But not for want of effort on your part, or mine.

I think that Hartmut's point is that : if the description is the thing,
then you cannot publish the description (publicity) without at the
same time distributing the thing ( hence infringing the monopoly).


> > Wrong: 
> > poorer in the sense that the easiest and most economic method of
> > performing the "invention" would not be patented
> 
> I disagree; and again, I think we'll just have to agree to differ.

This time I think Hartmut misses Steve's point: if the patent is going
to cover both the general software technique and specific hardware
implementation anyway, and since one mean of realisation only need be
specified, then the patent is richer for the public if the more
explicit and widely usable realisation is described.

  Now, one may disagree with the hypohtesis, but I would say Steve's
conclusion is correct  (as for publicity and monopoly).

or am I disagreeing with both :-)

Bernard

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