[Patents] consultation questions

[phm@a2e.de (PILCH Hartmut)]

Under

        http://swpat.ffii.org/stidi/
        http://swpat.ffii.org/stidi/indexen.html

you can find a catalog of 8 question groups that imho should form the
basis of expert panels, studies and consultations about the subject of
software patentability in Europe.  Maybe this can be of use for those
who try to organise such hearings.

The Right Questions

   Various governmental agencies have conducted consultations about the
   patentability of computer programs, but so far in most cases wrong
   questions were asked, leading to virtual debates and largely useless
   studies. We think that any serious debate should start from the
   following questions.

    1. In how many % of the 30000 software patents granted so far by the
       EPO is the claimed contribution to technological progress so
       precious, that it could be worthwhile for us as lawmakers to
       reward this contribution by granting a 20 year monopoly?
       What do the EPO software patents usually claim and how high is the
       average cost of finding the claimed innovation?
    2. Is the software industry's innovativity suffering from too rapid
       imitation, or does the traditional regime of copyright make
       imitation costly enough to allow the first mover a sufficient
       market advantage?
    3. Which contributions to the progress of information technology do
       we owe to the incentive offered by software patents?
       Why would conventional incentives on the basis of copyright not
       have sufficed?
       What would a "specially-tailored software rewarding law" (lex sui
       generis) look like, that combines the advantages of copyright and
       patent law and avoids their disadvantages?
    4. Why is there a phenomenon of Free Software but not free hardware?
       How does the economics of immaterial goods differ from that of
       material goods?
       Which role could/should Free Software play in the information
       society?
       Under which rules can proprietary and free software prosper
       together productively?
    5. According to which rules do European courts (EPO Technical Board
       of Appeal, German Federal Court and Federal Patent Court) judge
       the patentability of software?
       Art these rules clear?
       Where have they been formulated in the clearest terms?
    6. According to which rules did European courts judge the
       patentability of software in 1980?
       Were these rules clear?
       Where have they been formulated in the clearest terms?
    7. Which clear delimiting rules aka invention concepts are there for
       us to choose from today?
       How many % of the total number of EPO patents (hard and software)
       would be confirmed as valid, if each of these rules was applied?
    8. Assuming these rules were codified as European Directives, what
       would happen to those patents that could no longer be confirmed as
       valid?

-phm