From phm@a2e.de  Mon Apr 30 12:55:17 2001
From: phm@a2e.de (PILCH Hartmut)
Date: Mon, 30 Apr 2001 13:55:17 +0200 (CEST)
Subject: [Patents] Re: difficulty vs technicity
In-Reply-To: <20010430105209.B352@wonder>
Message-ID: <Pine.LNX.4.33.0104301351250.1945-100000@mulix.oas.a2e.de>

> We studied these a bit and found they were unsuitable as a model for
> tougher criteria on patents, because they were so vague and left the
> end judgement to a civil 'expert', offering no solution to the
> problems that plague patent judgements.

Would things become different if you apply them to 100 EPO test cases and
explain to what extent these patent claims would have to be rejected based
on those criteria.

> Now the clue to this story is, that in practice /hardly anyone/ gets a
> grant under the WBSO for software development, because these vague
> criteria are applied so strictly!  Could it be that the interests of
> the judging party are just a bit different when it comes to handing
> out money rather than monopolies?

Maybe patent fees should be abolished and instead the patent courts should
receive a fee for each patent they revoke.  This could be fine-tuned until
the difficulty standard appears to come close to what was decided based on
the 100 model cases.

-phm





