[ILUG] More patent ammo

[Justin Mason]

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Daniel Goldsmith writes:
> On Fri, 16 Jul 2004 10:17:44 +0100, kevin <kevin at cybercolloids.net> wrote:
> > The main problem is young bright guys who
> > don't really know the industry and a patent lawyer who is happy to patent it
> > because it "not obvious".........trouble is not obvious to patent lawyer
> > might be screamingly obvious to someone "versed in the art" as they like to
> > say in their pompous manner. Regularly reviewing patents seriously undermines
> > your faith in the patent system!!!
> 
> ISTM that the actual trouble is that the entire patent system , which
> is based on R&D, sciences and so forth, is entirely being foisted upon
> the legal world. Look at the complexity inherent in any recent
> treaties on patent recognition. These treaties are proposed, lobbied
> for and generated by industry and politicos.
> 
> Industry, having created a monster, then realises that it needs
> someone with insurance to blame if the whole R&D budget goes down the
> swanee - hence lawyers come into the game - professionals with huge
> insurance reserves.
> 
> Of course a lawyer won't know that something which has taken years of
> R&D isn't innovative and an improvement upon the state of the art. The
> Lawyer gets his instructions from his client - the patentor He doesn't
> just go around filling up patent applications for a laugh in between
> rounds at the golf course, much as that may seem to be the case.
> 
> The patent issue has become the modern day hydra.  Every time a small
> victory is won against it, out pop a few new heads, each more vicious
> than the last. But blame the politicos and lobbyists, not the guy who
> fills in the forms.

I think you're ascribing too little blame to the patent lawyers
themselves.

Their fees get paid regardless of whether the patent is worthwhile or
not, and if there's money to be made from software patenting, why
expect that some, at least, won't go for the money?

According to the FFII "players" pages, in many cases, the pro-patent
arguments being made to MEPs are coming from either patent lawyer lobbies,
or from big companies' patent-lawyer departments.

- - FFII refers to one extremely pro-patent MEP, Malcolm Harbour, as 'a
  major relay (sic) for the industrial patent lawyer community':
  http://www.ffii.org.uk/harbour.html
  http://swpat.ffii.org/players/mharbour/index.en.html

- - lobbying by Nokia's patents dept:
  http://www.indymedia.org.uk/en/regions/sheffield/2004/04/288761.html

- - lobbying by IBM's patents dept:
  http://swpat.ffii.org/players/ibm/index.en.html

- --j.
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