Consultations from government bodies and courts

(for ongoing consultations, see Current events)

Sometimes patent offices, government bodies, or courts seek comments from the public.

These consultations are usually performed in a way that systematically exagerates the influece of patent lawyers and rich organisations.

When patent offices consult

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.

Related pages on ESP Wiki

Analyses of submissions for past consultations

• Australian consultation responses 2009 - by the Australian government's Advisory Council on Intellectual Property
• Briefs submitted to EPO EBA G3-08 - by the European Patent Office
• Bilski v. Kappos amicus briefs - by the USA's Supreme Court