Re: [Patents] The Dream Directive

[Carsten Svaneborg <zqex@mpipks-dresden.mpg.de>]

On Friday 02 April 2004 18:43, Christian Beauprez wrote:
> http://beauprez.net/softpat/dreamdirective.html
> Computer programs and the "technical effects or processes" produced
> within the field of data processing are synonymous

I suggest not to use the word technical at all, because it's meaningless.
Colloquially "technical" is synnomous with complicated, since computers
are complicated for most non-geek people, everything to do with computers
is "technical".

Much of everybodys confusion is due to abusing this word. Forinstance
I have no idea what what constitutes "technical contribution" in the
commisions directive. (e.g. how many "usefull, concrete and tangible"
effects are technical contributions?)

However, technological is a better and much less abused word.
(and is used in the phrasing of TRIPs and the Parliaments directive)

Sensible definitions are:
"technological field"
= field of applied natural science
= field of knowledge creation by empirical experiments
= field of applying natural forces to ...

Invention = innovation with a teaching within a technological field.


Btw. just for some perspective read the Indian patent office's
practice. The indian patentlaw states that software is not per se
an invention.

http://www.patentoffice.nic.in/ipr/patent/mop2.pdf   page 36 and forward.

:
Since the claims may be couched in terms which tend to obscure the fact
that the invention relates to a computer program, it is always essential to
analyse them, in the light of what is described and of the prior art, in order
to identify the contribution to the art and hence determine whether this
advance resides in, or necessarily includes, technological features, or is
solely intellectual in its content.
:
If however the format of the program, or the nature of the record medium
(tape, disc etc.) necessitated some non-standard adaptation to the
computer itself (this factor being integral to the invention and not an
arbitrary unrelated addition) then the exclusion would not apply.
:

-- 
  Mvh. Carsten Svaneborg