Re: [Patents] newsscan: Software patent limits 'go too far'

[Bernard Lang <Bernard.Lang@inria.fr>]

On Wed, Oct 22, 2003 at 11:46:47AM +0100, old.timer@tiscali.co.uk wrote:
> But patents are supposed to be about protecting concepts, regardless
> of any specific implementation. If the underlying idea is a
> patentable invention, why should others be able to steal that
> invention if they use a computer program, but not if they use any
> other means?

because innovation is not naturally the property of anyone.

  - it can be discovered by many people independently ... hence no one
is stealing

  - it can be invented by 2 people about the same time (there are even
riules to determine who then gets the patents, that are different in
the US and in Europe)

  - it can be attributed as a temporary property, through the patent
system, if doing so is useful to society.

but it is not a natural right

An patents were never intended to protect concepts or ideas.


But of course, Mr Anonymous Coward <old.timer@tiscali.co.uk>  wrote
this only to waste our time and confuse the issues.

  just in case you did not notice the nature of his contributions.


Bernard

> >-- Original Message --
> >James Heald wrote:
> 
> I would like to second this.
> 
> The proposed EU parliament test for "technical" would allow an new algorithm
> for FGPA layout to be patentable if it had a physical effect -- perhaps
> a new way to reduce capacitative coupling for example.
> 
> But the program itself laid out on the FGPA should not be patentable.  The
> specific implementation should be defended by copyright.  But there is no
> economic case for allowing the sequence of the abstract data processing
> to be monopolised by patent.
> 
> All best,
> 
>     James.
> 

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