[pp.int.general] software patents

Reinier Bakels r.bakels at planet.nl
Sat Dec 19 13:54:33 CET 2009


> In my speeches I explain how patents cause much bigger problems in
> software because software is easier to design than hardware, so we
> software developers can combine a larger number of ideas.
>
Frankly, I believe that there are non-trivial counter-examples on both 
sides.
- It is not difficult to design a mechanical invention that only depends on 
some geometry.
- Software design for control enginering and signal processing applications 
is often non-trivial. The (in)famous EPO "CII" case T 1173/97 was about 
database resynchronisation, whihci is non-trivial as well. Recovery 
mechanisms should cover as many exceptions as possible.
- Anyway, if one field would be easier than the other, the inventive step 
critierion should compensate (not: I say "should", not "will")



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