[Patents] Re: SMEs' awareness

[phm@a2e.de (PILCH Hartmut)]

kodama@netcourrier.com writes:

> > And if you do not want patents on software in Europe that is fine by me 
> > (note
> > that I am not pursuing software patents myself).  For that means that 
> > American
> > businesses will have an advantage over those who do not have such patent 
> > rights
> > , in that they will have to pay tribute to the American inventors who do 
> > have
> > those patents when selling in the US.
> 
> > Not at all. They can still file patents in the US...
> 
> > We will see which of the system will generate more wealth in the > long
> 
> That is true...in theory.
 
> But in practice, this will increase the gap between US and Europe,
> because most people, in Europe, and especially SMEs which havent the
> costly advices of attorneys keep in mind that "software is not
> patentable".

Our aim is that it actually won't be patentable, as stated in the EPC
and further explained in our regulation proposal

        http://swpat.ffii.org/stidi/eurili/

We want about 3% of the current EPO patents to become invalid on the
grounds that they pertain to pure logics, e.g. software, information
processes, business processes etc.

The scenario you describe has happened because the European patent
movement has spoken double language for many years.  They pretended 
to be obeying the law while they weren't.  If this hypocrisy
continues, then the "gap" you talk about will continue.

Both sides seem to be against the hypocrisy.  You, Breese, Greg and
the EPO want to resolve the conflict in favor of current EPO practise,
the rest of us want to resolve it in favor of a return to legality,
based on the sound doctrines that were developped in 1976-80.

For more details on this debate, see

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

> The main effect of all these movements against patentabilty of
> software harms european SMEs, and has really really little effect
> for bigger companies (american or european, in practice there are
> almost no differences).

While the phenomena you describe exists, it is the EPO and the patent
inflationists who are to blame.  And the UKPTO, the European Commission
and most governments seem to be preparing to continue the zigzag
course that leads to this situation: pretending to be somewhat
reserved about software patents, paying lipservice to the "technical
character" requirement etc while really installing a regime of
unlimited patentability just like in the US, the only difference being
that, while US patents can be directly converted into valid EP
patents, European SME applicants are scared off by some mysterious
rhetoric which claims that there are still some limitations on what
can be patented.

-phm