From pb@breese.fr  Tue May  8 16:56:42 2001
From: pb@breese.fr (Pierre Breese)
Date: Tue, 08 May 2001 17:56:42 +0200
Subject: [Patents] consultation questions
In-Reply-To: <20010508173443.A26625@jl1.quim.ucm.es>
Message-ID: <B71DE3DA.18AC%pb@breese.fr>

> Here Jospen is probably talking about trivial patents that should not
> be granted, but nevertheless are granted (and enforced).
> 
Dear Ramon,

I also expect that EPO grants patent only for new and non obvious claimed
inventions ! And I think that EPO examiners make generally a good work. Even
so I recognize that there are some patent unreasonably granted.
Expecting that all patents granted are patentable is a statement of the
obvious ! Nobody will contest this assertion, neither abolitionists, nor
pro-patent people...
 
> Pierre, I suppose that the kind of patents you are talking about is
> patent that cover the idea of a new product, right?

No, patent does NEVER protect an IDEA (or a result). Patent protect only a
new and inventive EMBODIMENT of an idea (This embodiment corresponding to
the CLAIMED invention, characterized by "litany" of technical
characteristics). 

I suppose, the main reason of our disagreement is due to the fact that you
consider that a patent can protect an idea or a result (the "1 click
patent", or the "hyperlink" patent). This opinion is false. Patent protect a
procedure, or a system that aim a result, an idea, but not the result or the
idea. 
 
Best regards

Pierre BREESE



