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Re: [LUG] Patenting drugs... now that's dangerous ground!

 

On Friday 11 February 2005 10:08 am, Henry Bremridge wrote:
Like I said, a whole can of worms.

But, this discussion is about software patents.

Grant.

Yes, this is about software. But if the patent system is changed, any
change will affect ALL patents.

Exactly, thanks Henry. That is the problem with these workshops, the Patent 
Office are going to take all kinds of submissions on what 'technical 
contribution' means and then throw them back at us with examples of existing 
patents in areas we cannot be expected to understand in detail (like 
biomechanics or robotics, electrical engineering or car design) saying that 
the change invalidates an existing patent in another field. It's a difficult 
decision about whether to attend these things or whether, in fact, they are 
attempting to manipulate us as pawns in their game.

Therefore the key is what should a patent be for? How can the system be
changed?

Comments are flying around about "patent law experts have been working on this 
for years and the EU Council version of the Directive is the best we've got. 
Let's see if others can come up with something better in about a week."

This is not going to be easy. The reason the experts haven't come up with 
something better has a lot more to do with their intended GOALS than it does 
with their skill. Better is relative and we do need a new direction (which 
they will see as inferior by their perspective). The chance is that by 
persuading the *political* forces of the viability of an alternative, the 
civil servants will be required to change their objectives to fit the new 
political model. That's why Lord Sainsbury is absolutely key - as are the 
MEP's.

Don't get dragged to far into the technicalities (sorry for the pun), we must 
still concentrate on the political solution because there IS UK case law that 
undermines the opposition to software patents and that can only be corrected 
by the legislative process. We need a new directive that overrules the UK 
case law - this is not unusual, case law is made according to the law at the 
time of the decision. There's nothing stopping the parliamentarians from 
changing the law in the light of a judicial decision to prevent such 
decisions being made in the future. 

-- 

Neil Williams
=============
http://www.dcglug.org.uk/
http://www.nosoftwarepatents.com/
http://sourceforge.net/projects/isbnsearch/
http://www.neil.williamsleesmill.me.uk/
http://www.biglumber.com/x/web?qs=0x8801094A28BCB3E3

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