ESP Wiki is looking for moderators and active contributors!

Difference between revisions of "Consultations from government bodies and courts"

(:''Another is the European Commission's [http://projects.isi.tu-berlin.de/ipr/eso/survey.php survey on patents in standards].'')
(* More than business - consultations about software patent policy shouldn't limit themselves to business interests)
Line 5: Line 5:
 
:''Another is the [[European Commission]]'s [http://projects.isi.tu-berlin.de/ipr/eso/survey.php survey on patents in standards].''
 
:''Another is the [[European Commission]]'s [http://projects.isi.tu-berlin.de/ipr/eso/survey.php survey on patents in standards].''
  
Sometimes patent offices, government bodies, or courts seek comments from the public.  
+
Sometimes patent offices, government bodies, seek comments from the public and courts sometimes allow third parties to submit amicus briefs.
  
These consultations are usually performed in a way that systematically exagerates the influece of patent lawyers and rich organisations.  Redressing this imbalance means ''you'' have to participate, and you have to get other stakeholders to participate too.
+
These consultations are usually performed in a way that systematically exaggerates the influence of [[patent lawyers]] and very large organisations.  Redressing this imbalance means ''you'' have to participate, and you have to get other stakeholders to participate too.
  
 
==A biased sample responds (mostly lawyers)==
 
==A biased sample responds (mostly lawyers)==
Line 13: Line 13:
 
It is important to note that consultations for setting substantial policy should probably be organised by the legislative body.  If the consultation will have an effect on whether [[software patents]] are granted or upheld, then traditional separation of powers is short-circuited if a patent office is allowed to conduct the consultation.
 
It is important to note that consultations for setting substantial policy should probably be organised by the legislative body.  If the consultation will have an effect on whether [[software patents]] are granted or upheld, then traditional separation of powers is short-circuited if a patent office is allowed to conduct the consultation.
  
For example, the European Patent Office makes money on patent applications it approves, not on applications it refuses.  If they organise a consultation on expanding/limiting the scope for granting patents, they're susceptable to influence the consultation to produce a recommendation that patenting be expanded.
+
For example, the European Patent Office makes money on patent applications it approves, not on applications it refuses.  If they organise a consultation on expanding/limiting the scope for granting patents, they're susceptible to influence the consultation to produce a recommendation that patenting be expanded.
  
 
==Related pages on {{SITENAME}}==
 
==Related pages on {{SITENAME}}==
Line 22: Line 22:
 
* [[EPO EBoA referral G3-08‎]]
 
* [[EPO EBoA referral G3-08‎]]
 
* [[USPTO 2010 consultation - deadline 27 sept]]
 
* [[USPTO 2010 consultation - deadline 27 sept]]
 +
* [[More than business]] - consultations about software patent policy shouldn't limit themselves to business interests
  
 
===Analyses of submissions for past consultations===
 
===Analyses of submissions for past consultations===

Revision as of 07:46, 3 September 2010

(for ongoing consultations, see Current events)
An important ongoing consultation is USPTO 2010 consultation - deadline 27 sept.
Another is the European Commission's survey on patents in standards.

Sometimes patent offices, government bodies, seek comments from the public and courts sometimes allow third parties to submit amicus briefs.

These consultations are usually performed in a way that systematically exaggerates the influence of patent lawyers and very large organisations. Redressing this imbalance means you have to participate, and you have to get other stakeholders to participate too.

A biased sample responds (mostly lawyers)

It is important to note that consultations for setting substantial policy should probably be organised by the legislative body. If the consultation will have an effect on whether software patents are granted or upheld, then traditional separation of powers is short-circuited if a patent office is allowed to conduct the consultation.

For example, the European Patent Office makes money on patent applications it approves, not on applications it refuses. If they organise a consultation on expanding/limiting the scope for granting patents, they're susceptible to influence the consultation to produce a recommendation that patenting be expanded.

Related pages on ESP Wiki

Analyses of submissions for past consultations