Deutsch das Patent
- legal protection for utilization and derivation of benefit from
- letter of appointment
- authenticated licence for certain professions
Patents are granted for new inventions
(as opposed to discoveries)
which allow for commercial utilization and benefit.
with the exception of:
a) Inventions which applications would contradict morality
b) Food, luxury foodstuff and medicine
c) chemical compounds
whereby for (b) and (c) the manufacturing process for the materials
may be patentable, while the material itself is clearly not.
Inventions are only patentable, if they are a noteworthy
enrichtment of the state of the art.
The don't count as new if they are not described or used within the
last 100 years in such a way that an expert of the specific field
could apply them.
A patent grants a monopoly to any commercial use of the invention
such as keeping for sale utilization.
Patent laws exist since the industrial revolution,
when mankind started to combine the principles of natural laws
in several ways.
It's important to note that for a reason:Patents are always granted for the combination of natural laws.
Never for the laws themself.See also:
Inventing in the sense of patent law means harnessing the
forces of nature, which do not follow the rules of intellectual
creation and must be verified by experimentation (letting nature
answer questions) rather than by mathematical proof (letting the human
mind answer). Only in this field can there be a macro-economid
justification for granting a 20 year monopoly on a novel
teaching.== public risk==
Patents are sort of a deal between the general public
and a private body.
As with any deal there's the risk of deceit.
See http://www.pubpat.org/ .
There's also an article about the
imperfections of the current american patent law.
By 2006 the European Union has
EPLA? on stage,
which has horrible problems with souvereignity.
- remember European Banana Union Day.
- http://www.patent.gov.uk/patent/history/fivehundred/origins.htm .
Since software became somehow patentable in the USA?,
patent protection hinders and substitutes research and development
but make a great tool to safe taxes (shaping the profit margin).
and an analysis by Jan Hofmann of Deutsche Bank,
patents harmful to software.
Remember proofs are programms.
the german government has broken it's promise to vote at 18th May in
european councel to protect data processing from patent monopols
or at least define precicely what consitutes a "technical contribution".
For details see: http://kwiki.ffii.org/?Cons040518En .
This brings Europe closer to a dangerous situation of legal
incertainty. Will the use of electronic media become illegal
for legaly binding processes?
(See also DefineInsecureModeFalse.)
2006 Lehman: TRIPS?http://dooooooom.blogspot.com/2006/03/lehman-trips-was-mistake.html
IBM? position derived by in-depth consultation
rightfully rejects business method patents.
Medical Knowledge (e.g., Gene) Patents
Gene patents are as wrong as any patent on expressions is.
Patenting genes seems to be a case where patent law infringes with
very basic rights like the choice of food you eat.
We all (lawmakers, layers and everyone on theirs own) have to decide
which law is the higher value (HoeheresRecht [german]).
This essay breaks the law.
Patent law failed for medicine.
interesting study ... also has a lot to say about the dangers of monopolies
and some things about the influence on patents:
With regards to innovation, it may be useful to compare
the role of FLOSS?, which in its nature supports diffusion of knowledge, to
patents that are justified for, among other things, promoting disclosure of
knowledge and resulting innovation. In fact, patents have been found
empirically to be a poor means of promoting disclosure. Arora et al
(2003) find that "patent disclosures appeared to have no measurable
impact on information flows from other firms, and therefore no measurable
effect on R&D productivity". ...
- Patengesetz 5. 5. 1936
- European Union
- The great confusion.
Everything is in flux.
read how we could gain a
patent monopoly on democracy using the 20th Feb 2003 software
patent directive and some positive argument towards patentable
processes in software.
These remarks where added to the page from outside.
But I did not come around to review them.
Novel's position http://www.novell.com/company/policies/patent/ .
Beuprez paper explains this very thouroghly: http://www.beauprez.net/softpat/defence.html .
Groklaw http://www.groklaw.net/article.php?story=2005041208505337 !!!
Erik Josefsson http://www.ffii.se/erik/NLOPEN/http://wiki.ffii.org/FfiiEpp0506En .
22th Oct 2007:
Let's Make a Deal - The MS?-EU Settlement