Re: [Patents] The Importance of Potential

[Erik Josefsson <ehj@cleosan.com>]

Christian Beauprez wrote:
> Hi everyone,
>  
> Have just been reviewing the very interesting points made on the issue 
> of what seperates a literary work from an invention.

The reason I can come up with why the principle of copyright is not 
appropriate for industrially applicable achievements in the range of 
applied natural sciences (==inventions), is that there is some kind of 
gap between the conception of the idea and its realisation. The gap can 
be bridged with research, prototyping and investements. The achievement 
has no identifiable form appropriate for copyright during that period. 
The invention concept solves that problem. The patent on the invention 
provides the exclusion rights needed.

Literary works needs not overcome such barriers. There is no obstacles 
to overcome when you put the pen to the paper. The physical 
representation of the achievement is produced instantly.

As put in another context:

  "between the idea and the application there is no invention"
   http://swpat.ffii.org/analysis/invention/index.en.html

//Erik