Re: [Patents] technology definition amendments

[Russell McOrmond <russell@flora.ca>]

On Sun, 29 Jun 2003, Gregory Aharonian wrote:

> Harmut posts some supposed definitions of technical

  Sorry to be dragging this one out, but I am seeking clarification on why
there is such a focus on what is 'technical' and what is 'technology'?  Is 
it because of the particular harmonization process that is underway, or 
are there more fundamental reasons?

  I believe that each type of subject matter should have independant
economic analysis to determine how patenting would affect that matter.
Studies done on one type of subject matter simply cannot be assumed to
apply to another.

  Where I believe the big differences are between traditional patentable
subject matter and information process patents is whether this strong
regulation applies only to the manufacturing sector or not.  I don't know
if it is so much a matter of whether the subject matter is technical or
not that they become deserving of a patent, but whether or not the
temporary monopolies that patents grant apply to a manufacturer, or may
also be applied outside of manufacturing.

  The fact that there are patents on motorcycles does not affect the
ability of owners to tinker with them.  On the other hand, the fact that
there is patents on software is greatly affecting the ability of owners to
tinker with software. Should policy that origionally applied to
manufacturing automatically apply outside of that sector?

  I realize that some in this list (such as Greg) reject the ways in which
software is different than traditional patentable subject matter, but we
should push to ensure that each type of subject matter should be
economically evaluated recognizing these differences.

  Whether patenting a subject matter would over-regulate those outside of
manufacturing sectors should be a large consideration.  Information
process patents become special partly because of their non-rivalrous
nature, and the fact that you can't realistically differentiate the act of
creation (possibly by private citizens in their private homes) and "mass
production".

---
 Russell McOrmond, Internet Consultant: <http://www.flora.ca/> 
 Governance software that controls ICT, automates government policy, or
 electronically counts votes, shouldn't be bought any more than 
 politicians should be bought.  -- http://www.flora.ca/russell/