Information Patents in the US and Europe

Over_and_Done writes "First Monday has an article up discussing the differences in information process patents between the US and Europe. The author mentions that the United States reform is too focused on process reform, arguing that they should be instead focusing on what is and is not patentable (i.e. Business Method patents). He also states that Europe is choosing to instead follow a different track, and make the process a little more restrictive, resulting in a rift between the US and Europe. The article raises a lot of interesting facts that I was not aware of, including the incident where the US threatened to walk out of the WIPO meeting because the proposed treaty did not 'mandate patents for all fields of activity.' The author, although critical of the policies on both sides of the pond states that the rift is in some ways healthy, as it encourages an open debate and requires people to look at the patent issue from many different angles."

Comments

Is there a theme here?

[Sky Lemon]

US threatened to walk out of the WIPO meeting because the proposed treaty did not 'mandate patents for all fields of activity.' Just like the U.S. pulled out of the Kyoto Treaty since Bush "will not accept a plan that will harm our economy." Or, just like the U.S. is "upholding international law" by walking out on the U.N. when an absolute mandate for war was not immediately and unconditionally accepted.

The nexus between business and government

[caitsith01]

The patent hijinks in the US in recent years seems to highlight the strong nexus between government and business in America. Intellectual Property has been willingly converted from a protective 'shield' designed to foster innovation into a 'sword' to strike down competitors. The most obvious example is the various startup companies who have no actual products, just a patent, and who proceed to work their way up the food chain suing others for patent infringement or demanding royalties.

As a non-American, it seems logical to me that you should expect your government to make a conscious decision before a legal doctrine should undergo such a transformation. Instead, you have a situation where business has made the decision and then gradually weaselled it into law through undue influence of your executive (patent office) and parliamentary government.

Reforming your patent laws might help this particular problem, but if you want a long term solution to this kind of crap then some more fundamental separation of private and public interests is in order. Campaign finance, political donations, and restrictions on the activities of lobby groups might be a good start...