Re: [Patents] US patent reform strategy inaugurated by myths & lies

[Stefano Costa <stefano.costa@icn.siemens.it>]

Erik Josefsson wrote:

> > I know by personal experience that whatever rule you may set
in,
> > inevitably some problems occurs.
>
> Is that personal experience based on filing patent applications
on
> logical problem solutons dressed up in technical jargon?

Haven't filed patents (for now), some my collegues do.
I was referring to a similar situation, when you have to declare
if SW component A comply to standard S. The process involved
is pretty similar to patent granting process.

> Economical studies suggest that the faster the innovation rate
the more
> stringent standard of patentability should be.

This makes sense, and the shorter grant period is this
direction.

> A possible interpretation of EPC to exclude technical
realisations of
> computer programs as such is an example of a more stringent
standard.
>
> Why is this alternative anathema to you?

I don't consider it an anathema, personally. As said before,
the powers against this are a lot, while the pros are (politically)
weak. When someone has to decide, politicians will grant the
most powerful lobby the prize, not the one that looks more pretty,
and if the lobby against corporations put on the table something
too nasty, politicians won't ever consider it.
Simply this. Call it tactics, call it politics, call it whatever
you
want...for me personally I simply don't bother for one or the
other, because I perfectly know what megacorporations
wants from patenting, and threat to open source are pretty
marginal, on the market (*now*) exists a ton of SW that use
patents without licensing and no one complaints, nor will do.
And when some rare case occur, you will see on underground
sites plenty of programs that do the dirty job for you.
Market is a tough judge. Microsoft, with all his power, can't
do everything wants: .NET is (partly) open standard for a
reason.

> //Erik
>
> (btw: your borderline problems will only be resolved by removing
all
> prerequisites for patentabilaty)

Correct. But remember that borders are always existed in
laws, and laws are still with us. Because the good is more
than the bad. Patents will be with us for the same reason.
The only problem is that the good is primarily in the hands
of the big fishes, and only a bit in our hands.
But hey, this is the world where we live in.