[Patents] French State secretary for Industry against SoftPat

[jean-paul.smets@mines.org (Jean-Paul Smets)]

Le Samedi 31 Mars 2001 18:55, vous avez écrit :
> >So where will you draw the line in the future?  Pierre, where will the
> >line between what is patentable, and not, be drawn?
>
> 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.

Your position is consistent in the US. Your are right, there is no chance in 
the US to change the Law if the industry does not want (especialy under Bush 
administration). So, there is 
        - no chance in the US to stop software patents and business patents
        - no chance in the US to improve the patent system (the last 
tentative by 
the Clinton cabinet was stopped by some lobbying of some big company)

I do not know yet to what extent your position is consistent in Europe. We 
still have in Europe a few politicians who can chose in favour of what most 
economists say (no software patents) rather than in favour of what patent 
councelors or blue chips say (more software patents).

So, there is still a small chance to reach a different a situation in Europe 
than the one in the US, even though some blue chips have gotten extremely 
agressive recently.

That said, if what happens in Europe follows your consistent analysis of the 
US situation, then the only way to go is to make blue chips beg for less 
software patents and better quality software patents. One of your best ideas 
in this field was to combine patent busting with options on a company's 
stock. Do you have any other idea to make blue chips beg for less software 
patents and better quality software patents ?

JPS.