Re: [Patents] "person skilled in the art"

[Alex Macfie <alex-list@ffii.org.uk>]

The UK has a similar tradition to Sweden.

But political bias, or lack of it, isn't the problem. It's vested
interests. Of course, civil servants (in the UK and Swedish traditions)
are supposed to be unbiased in the sense of partisan politics or
philosophy but they also tend to look after their perceived interests,
and have an interest in maintaining or even expanding the system that
employ them. Unfortunately for patent officials that means creating more
opportunities for patenting. In one sense patent officials have even
more of a direct interest in maintaining their system than do most civil
servants --- patent offices, unlike most branches of the civil service,
have paying customers, and presumably want to have as many of those as
possible and to maintain *their* interests.

Alex

On Wed, 2004-08-04 at 15:56, Jacek Gancarson Eurofresh wrote:
> In other European countires this rule _was not_ applied so restrictivly, as
> every change of
> > governing party allways ment change of  heads and lead management in most
> of
> > goverment authorities.
> ----- Original Message -----
> From: "Jacek Gancarson
> 
> > Interesting point.
> >
> > Old Swedish traditon of govermental bodies was that clerks in state
> > authorities should never show any political bias.
> > In other European countires this rule was so restrictive as every change
> of
> > governing party allways ment change of  heads and lead management in most
> of
> > goverment authorities. This rule was also explored to the extreme in last
> > 9-12 years in Poland.
> > In such strongly politically biased system, prevailing in Europe now, it
> can
> > be difficult to call the objective of  *a person skilled in the art* as it
> > would undermine this system.
> >
> > With respect
> > Jacek Gancarson
> >
> >
> >
> >
> > ----- Original Message -----
> > From: "Erik Josefsson" <ehj@cleosan.com>
> > To: <patents@aful.org>
> > Sent: Tuesday, August 03, 2004 9:03 PM
> > Subject: [Patents] "person skilled in the art"
> >
> >
> > > I ran into some texts about the "person skilled in the art",
> > > "fackmannen" in swedish.
> > >
> > > Can you challange in court that the examination was not done by a
> > > "person skilled in the art"?
> > >
> > > Is the examiner at the patent office a "person skilled in the art" by
> > > definition?
> > >
> > > //Erik
> > >
> >
> >
> 
> 
-- 
Alex Macfie, Taipei, Taiwan ROC              email <alex@cgce.net>
Tel: +886 955 857477                        <http://www.cgce.net/>
STOP SOFTWARE PATENTS IN EUROPE           <http://swpat.ffii.org/>