Re: [Patents] Présentation sur les brevets logiciels

[Erik Josefsson <erikjosefsson@telia.com>]

On Sat, 22 Mar 2003 10:28:45 +0100
"Gérald Sédrati-Dinet (gibus)" <sedrati@bigfoot.com> wrote:

> La présentation est disponible en anglais sur 
> http://gibuskro.lautre.net/patents/

You write in page 2/26:

- Patent protects features, beyond a particulary form

I must say that I don't inderstand this at all.

My (classical?) view of a what patents protect is based on the old
infringement dispute PurePac versus TetraPac, where the former had
patented a paper milk bottle and the latter made a copy except for the
bottom joint glued perpendicular instead of parallell to the top joint.

PurePac lost the case because of that particular feature. This reminds
me of copyright cases in the music business where the tunes/songs are
almost identical. The jury decides if the infringing piece of music have
any identifiers that makes it unique or not. Those decisions are very
intresting to read. 

But if patent praxis is evolving "beyond a particulary form", the whole
process of infringement becomes completely detached from subject matter.

As written earlier here, you must get a patent on "the real thing". Thus
patents should be more like an industrial copyright. At least it should
be understandable in that way.

I can understand that your conclusion is drawn from EPO praxis, but
that does not mean that the scope of a patent should be unclear or
beyond a form.

//Erik