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- From: pelegrin@labri.u-bordeaux.fr (Francois PELLEGRINI)
- Subject: [Patents] American Inventor Coalition / was Re: Software and
- Date: Mon, 07 May 2001 14:18:54 +0200
kodama@netcourrier.com wrote:
> >kodama@netcourrier.com wrote:
> >> No need to go into the code : the patents are, for most of them,
> >> claiming about designs,
> >> specification. So the cost to study the existing patents is not as
> >> enourmous as you may
> >> say.
> >
> >Not at all !
> >
> >Recent experiments have been carried out during a patent attorney
> >conference.
> >The same design was expressed in 5 ways, from very formal to very
> >practical,
> >and was given to groups of patent experts from 3 regions of the world:
> >europe,
> >USA, Japan.
> >They did not see that it covered the same design, and agreed to patent
> >some,
> >while rejecting the others. And it varied according to the geographical
> >area.
>
> Interesting !
> Are you talking about claim drafting ??
>
> Anyway, this is not the same problem but the opposite one:
> - for claim drafting, one goes from the design towards the patent
> application
> - for infringement expertise, one goes from the patent claims towards the
> design.
>
> So, your example does not answer to the question.
Oh yes it does.
In the USA, several patents have been filed for the same algorithms, and
thus accepted, expressed in different ways in different contexts.
This shows that examination can not be carried out, and that, from a
3d party's point of view, no prior art search can be carried out,
because of this variability. No one knows what to search for.
Plus the fact that economical studies show that software patents do not
promote innovation, and with respect to which pro-patents seem rather
embarrassed: they answer nothing... Who whispered "bad faith" in the
audience ?
It shows that the system has gone too far, trying to patent concepts
that have no material reality.
Just to make you think about it, please have a look at this page :
http://www.utm.edu/research/primes//curios/48565...29443.html
What will patent attorneys do with that ?
Sue God for inventing prime numbers ? 8^)
f.p.
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