Re: [Patents] Software is not hardware, social sciences are not natural sciences.

["Gancarson" <jacek.gancarson@eurofresh.se>]

----- Original Message -----
From: "Russell McOrmond" <russell@flora.ca>

>
>   If you describe a business model, an application of a social science, in
> English or some other human language, you can not get a patent on it.
>
>   If you describe a business model in software, somehow the voodoo
> economists and lawyers claim that this gives it a technical character
> (largely because these economists and lawyers don't know what software
> is), and certain backward patent offices will grant it a patent.
>
>   The existence of software should neither add to, nor subtract from, the
> patentability of an invention.  Unfortunately if you add software to an
> application of a social science you can sufficiently confuse patent
> offices and patent courts into doing things which they would otherwise not
> do if they knew what software was.
>

Thank you Russel for this final clarification. (I would nearly call it
*historic*).

That is exactly where the patent offices praxis failed to hold the quality.

However there were some investors and lawyers who engaged heavy money,
hoping for building of  a new and temporary legal structure for income
generation.(It is an old and well known praxis, even more clearly seen in
break-even economies, which the democracy has to cope with, that means to
find the balance between some unlimitedly aggressive capitalists and
optimization of general growth. Even undeniable individual finacial talents
and productivity have to find response of usefulness and common sense. If
democracy fails in this balancing, a self-destructive eagerness may
dominate, leading, by nonsense investments, to deep crises).

So if software is patentable, it is enough to envelope literally every idea
in a software to get patent on it. Then if such social intangibles as
business methods became patentable, it is obvious that softwared hardware
producers will insist even much more harder on implementation of their own
package of exclusive rights.

A lot of lobbying goes of course through the World Trade Organization
(moving more and more up in the hills;-(.

Jacek Gancarson
www.eu3d.com