[Patents] Re: EPO 1978: programs vs inventions (fwd)

[phm@a2e.de (PILCH Hartmut)]

---------- Forwarded message ----------
Date: Tue, 14 Aug 2001 08:27:52 +0200 (CEST)
From: PILCH Hartmut <phm@a2e.de>
Reply-To: intprop-l@topica.com
To: intprop-l@topica.com
Subject: Re: EPO 1978: programs vs inventions

> > unpatentable teachings such as computer programs
>
> But computer programs need not be unpatentable teachings.
> Lack of teaching in your computer programs should not and must not detract
> from teaching in the computer programs of others.

I was here quoting the EPO's guidelines of 1978.

Of course a computer program can describe an inventive chemical teaching.
But then the invention consists in a reaction, not in a program.

The boundary between the computing solution and the technical problem
solution outside the program (such as chemical process) is not difficult
to find, see the proposal in

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

which again is based on German legal tradition, as well as the proposal in

        http://www.pro-innovation.org/

And to Greg: Any real or alleged difficulties in defining such a
borderline are not a valid excuse for not defining that borderline.  Just
as difficulties in distinguishing between criminal guilt and inadvertent
errors can be no reason to abolish criminal law or to hand down "equal
prison sentences for every citizien, regardless of whether he might be
guilty according to some archaic unscientific standard".

--
Hartmut Pilch                                           http://phm.ffii.org/
Protecting Innovation against Patent Inflation        http://swpat.ffii.org/
80000 signatures against software patents         http://www.noepatents.org/

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