Re: [Patents] Voice of patenting business

[Hartmut Pilch <phm@a2e.de>]

> So far while the FFII have been quick to pick up on what I consider to
> be a fundamental point, many others don't seem to realise how important
> this obligation is. 

Patent examiner Dr. Swen Kiesewetter-Koebinger has also written a lot
about this, e.g. in his opinion for the Federal Parliament

        http://swpat.ffii.org/events/2001/bundestag/kiesew/

Mr. K.K. was unfortunately unable to attend our conference and will also
be unable to attend in november.  Patent examiners in Germany are under 
pressure from PTO managment and from lawyers who are quick to claim that 
they are "biased" and must be demoted once they criticise the Office's 
policy.  Mr. K.K. and others have already been demoted.

> A lot of the IP lawyers I speak to seem a little cool on this theory (I
> wonder why?)

Because the conclusion that major countries are in breach of TRIPs creates
an uncomfortable situation.  Most lawyers prefer interpretations that do 
not lead to such conclusions.  And in this case the motiviation to avoid 
them is particularly strong, and it is fairly easy to get around them by 
some sophistry, given that most people have very fuzzy ideas of what 
computer programs are.

-- 
Hartmut Pilch, FFII & Eurolinux Alliance              tel. +49-89-18979927
Protecting Innovation against Patent Inflation       http://swpat.ffii.org/
300,000 votes 2000 firms against software patents    http://noepatents.org/