[Patents] French State secretary for Industry against SoftPat

[srctran@world.std.com (Gregory Aharonian)]

>So where will you draw the line in the future?  Pierre, where will the
>line between what is patentable, and not, be drawn?

At least for software, the line is easy to draw - no software patents
on software ideas that are not new or are obvious variations of
existing software ideas (and the same for business methods, which
despite the illdefined decisions of EPO Board and BGH satisfy the
technical effect criteria - their decisions are hilarious in first
using the phrase "technical effect" and then admitting they don't 
know what it means).

Industry doesn't fear the open source or free software movements, and
their attempts to derail software patents - it is a losing war.  What
industry fears is any attempts to get the patent system to work more
efficiently and thoroughly, such as providing examiners more time,
money and resources to do their jobs to eliminate software patent
applications that aren't novel or are obvious.  That change to the
patent system is something that can be done without changing any laws
or engaging in any fruitless philosophical debate between the
mental and physical, technical and scientific, etc.  Industry fears
real effective change.

So I do not take anyone seriously in industry who talks about patent
quality but who doesn't talk about improving the fundamentals - i.e.,
the resources available to examiners to do the jobs they are well
trained for.  I also don't take seriously those outside industry who
talk about eliminating software patents or create illdefined, arbitrary
non-scientific rules, since that is just way too politically naive to
effect any change.

There is a system - just make it work better, and lots of complaints
about silly software patents go away.  Combine that with loser pays
in European litigation, and you guys in Europe will have nothing to
worry about.

Greg Aharonian