[Lancaster] software patents again

[Martyn Welch]

> (I realize some ppl may not be into this stuff, if you're not
> appreciating the  patenting stuff clogging up your mailbox then i
> suggest you send a message to  the list, and we can continue the
> discussion off list.)
>
> here's a reply from an mep. usual bollox from elected representatives -
> "we'll  do what we want and ignore our electorate" type attitude.
>
> if anyone feels like drafting an answer....
>
> max

Yep, that's what I got this is how I replied :)

Why is it always the case that you find the glaring typo after hitting the
"send" button!

Martyn

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Deas Mr Simpson,

Thank you for your fast reply.

I do however fail to see the validity of some of the points that you have
raised.

"Indeed recently, a small ten-person company in an economic black-spot in
the UK granted a licence to a US multinational for its voice recognition
software patents.  Without European patent protection in this field, the
small company could have found itself in the perverse situation whereby
its R&D efforts and investment would simply have been taken by a large
multinational company, who, with its team of patent lawyers, would have
filed a patent on this invention. The EU company could have been faced
subsequently with patent infringement proceedings."

My understanding is that inorder to be protected in the US, a US patent
would be required. Also, since this has already occured, it would seem to
me that the current system is working and broadening the scope of patent
law is an unneccesary step.

"Some lobbyists would like us to believe that having no patents is an
option - it is not. No patents would put EU software developers at a
severe disadvantage in the global market place, and would hand over the
monopoly on patents to multinational companies."

A piece of software which is deemed to be covered by a US patent would
require a licence in the US with or without the existance of EU software
patents. A US patent would still need to be sought for any new
technologies created in EU as a patent granted in the EU would not
automatically cover it in the US, thusly the introduction of software
patents in Europe would increase the cost of safely introducing a product
to market (cost of EU patent + US patent) and could end up stiffling
inventivness.

"At a time when many of our traditional industries are migrating to Asia
and when Europe needs increasingly to rely on its inventiveness to reap
rewards, it is important to have the option of the revenue secured by
patents and the licensing out of computer-implemented technologies. "

I agree that with manufacturing increasingly migrating to the East it
important to rely inventiveness. Since the process of bringing items to
market relies on having technically trained individuals to undertake the
R&D and skills to ensure that the devices meet the required regulations, I
find it less that immusing for government to allow universities in
increase the cost of undertaking science related degrees by increasing
fees thus increasing the chance inventions will be developed elsewhere.

However I am happy to hear that the "rapporteur supports the development
of open source software" and I hope that this support will continue.

Thank you for you time,

Martyn Welch MEng MIEE