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Wednesday, August 31, 2005

Mr. Bruce Lehmann on Potential Stateside Effects of European Union Failure to Adopt the Computer Implemented Inventions Directive.

I just saw an

interesting posting on Mr. J. Matthew Buchanan's Blog

"Promote the Progress":

"Bruce Lehman, former United States Commissioner for Patents & Trademarks, writes in today?s Wall Street Journal about last month?s decision by the European Parliament to pass on a directive that would have established a Europe-wide standard for patenting computer related inventions.

[...]

One of the most interesting aspects of the article is Mr. Lehman?s subtle outline of several possible side effects of the decision that might come to life in the United States.

First, the decision might negatively affect international harmonization efforts. Mr. Lehman is quite direct on this point, noting his regret that the ?'decision of the European Parliament will make it harder to harmonize global patent laws'.

Second, it's clear that at least Mr. Lehman believes that the decision will likely boost the anti-software patent crusade in the US.

Lastly, Mr. Lehman plainly states that the disproportionate flow of global investment in software development into the United States will continue because of the European decision. This conclusion is based on a simple premise ? investors tend to apply capital in places where protection is clear and tend to avoid applying capital where protection is cloudy. After the decision, protection for computer-implemented inventions in Europe is cloudy but remains clear in the US.

The CII Directive is officially dead in Europe... but it may very well have lingering effects in the United States."

Well, maybe that the decision will likely boost the anti-software patent crusade in the US but I think that over there we see a very broad pro-patent mainstream which will hardly be surmountable by those anti-patent campaigners.

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" This conclusion is based on a simple premise : investors tend to apply capital in places where protection is clear and tend to avoid applying capital where protection is cloudy."

One should be cautios about simple premises: this one is simply wrong.

Patent monopolies are granted irrespectively to the country of R&D.

I cannot believe that Mr. Lehman is ignorant ont the subject, so I must conclude he is lying.
Neither can I belive that your are ignorant on the subject, so I must belive you knowingly spread the lie.

# posted by Bernard Hugueney : 01 September, 2005 15:27

BLOG@IP::JUR

Patent Attorney Axel H Horns' Blog on Intellectual Property Law.

Wednesday, August 31, 2005

Mr. Bruce Lehmann on Potential Stateside Effects of European Union Failure to Adopt the Computer Implemented Inventions Directive.

VPP