From halber@idea.net.pl  Wed Aug 15 10:28:41 2001
From: halber@idea.net.pl (Jozef Halbersztadt)
Date: Wed, 15 Aug 2001 11:28:41 +0200
Subject: [Patents] Re: could you amend the statistics if they are wrong
References: <0.700002152.869579622-951758591-997819996@topica.com>
Message-ID: <3B7A40C9.38945FF1@timsi.com.pl>

Axel H Horns wrote:
> 
> On 14 Aug 2001, at 12:06, halber@timsi.com.pl wrote:
> 
> > [...] As someone
> > important recently said in German Parliament: "Behind sui generis
> > right proposal is charm and logic".
> 
> *Who* has said this?
 
Prof. Bernd Lutterbeck, page 10 of his testimony at 21 June.

> > Main principles of the needed action:
> > 1. Exclusion of computer programs from patent law.
> 
> What do you think about a practical way to achieve this goal?
> 
> For example, take something like claim 1 of EP 0 482 154 B1. 

The proposal is not original because it was already elaborated in
Manifesto 1994. As Hartmut Pilch wrote we are drawing a line between
physical and non-physical worlds as it was understood twenty years ago.
But we are not going back to the old situation because we are offering a
sui generis regime for non-physical innovations.

There are people who are very proud that they never paid a penny to a
lawyer. They have even divorced (some more than once) without a help of
a lawyer. In the software developers world opinions about lawyers as
masters of deception are widespread. This is result of patenting
"computer implemented inventions". None expect that any regulation will
stop misusing of the system. Nevertheless the proposal will improve it a
lot.

Greg Aharonian is claiming that Gang of Four ideas are not changing the
world for the better because "any sui generis system for software will
end up looking like a patenting scheme. So let's stick with the patent
system and make it work better."

I do not think so. The differences are enormous. Let's enumerate a few:
(a) short term of protection - e.g. 4 years;
(b) the application not examined until challenge has been made;
(c) compulsory licensing and software royalties, clearinghouses for
licensing, similar to those currently in force for music.

Jozef Halbersztadt


