[pp.int.general] Patent system similar to GPL?

Erik Lönroth erik.lonroth at gmail.com
Tue Mar 1 02:08:29 CET 2011


I sent a query to the Swedish patent bureau (PRV)  three days ago and
asked them a question (Translated to English below):

"Hej! Jag undrar hur det går till att förstöra patenterbarhet i praktiken."

[Translated question]
"Hello, I'm wondering how I can destroy an idea that I potentially
could patent."

Hej Erik!

Du kan exempelvis publicera din uppfinning i en tidning, på internet
(via egen websida, i forum, youtube etc.), visa den på mässor eller
motsvarande. Det finns också hemsidor inom olika teknikområden där det
finns möjlighet att publicera uppfinningar.  Det är viktigt att
datumet för publiceringen ska kunna fastslås.

[Translated answer]
Hello Erik!
For example, you can publish your invention in a magazine, on the
internet (via your own website, in forums, youtube, etc.), display it
at exhibitions or equivalent. There are also sites in various
technology areas where it is possible to publish inventions. It is
important that the date of publication to be determined.

Why I think this question is important is that an idea needs to be
"protected" (perhaps by some sort of ownership?) and by that
juridically ensuring that the idea can be freely used during its
patent lifetime. The answer above from the PRV simply states that
"destorying an idea" today simply means that it is transfered into -
nothing. It is by that impossible to attach a licence to it or protect
its derivates from being "non free".

So, I think that the "destruction" of an idea, in a "Free Patent
System" must involve something else. Do I make sense here?

In short: "A free patent system would not allow a patent to be
destroyed before its patent lifetime has expired."
This does not solve the problem of passing on its "freedom" to other patents.

/Erik


On Mon, Feb 28, 2011 at 8:59 PM,  <carnops at pirateparty.be> wrote:
> I'd like to point out some differences between the patent system and the GPL.
>
> The main goal of a patent is to ensure the privileged exploitation of
> particular production method or a particular procedure for doing
> something. USA different because they allow to patent an idea or concept
> (for example : a click). In Europe the system is -fortunately- quite
> different ; to get a patent, you have to demonstrate how it works in a
> verify detailed manner (plans, description, aso.) so the patent office may
> verify that it's an original idea.
>
> GPL and furthermore FDL works because there's a community idea behind.
> If you find it usefull, feel free to use it as long as you want. If you
> like it, share it. If the software or documentation lacks of something
> just add it for the good of everybody.
>
> Look at the free software community ; many people doesn't ask a cent, but
> I am sure it's also one of the largest employment provider in the IT
> business. How many sysadmins, engineers, developpers, documenters,
> translators and hardware vendors does it represent?
>
> Why not create a sort of Free Patent Foundation or a Free Invention Licence?
>
> I read a very interesting document titled "Open Source Democracy" written
> by Douglas Rushkoff (published at Project Gutenberg).
>
> Over the years, I understood some very important things while using free
> software : collaborative work is much more efficient, an idea can always
> be improved by someone smarter, it is possible to earn a salary while
> working with/at free software.
>
> Are you sure we need a closed patent system to have competition? Is
> competition more efficient than cooperation? What about patents on seeds
> that could save millions of lives every year? Why isn't there a solution
> for AIDS while billions of dollars/euro and 20 years have been spent over
> for research?
>
> --
> Stéphane Vanbellinghen a.k.a. Carnops
> Pirate Party Belgium
>
> ____________________________________________________
> Pirate Parties International - General Talk
> pp.international.general at lists.pirateweb.net
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>


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