draft response to EC pat consultation

[Ben Finney]

On 28-Mar-2006, Ciaran O'Riordan wrote:
> We agree, as the questionnaire states, that "the patent system ...
> should be used ... for the benefit of all society".  Thus, like all
> law, it should be applied where it benefits all society, and
> excluded from where it would cause overall harm to society.
> [...]
> The only balancing to be done is balancing the harm/burden to
> society with the benefit to society.

This point is well made, and the evident fact that it needs to be made
at all seems to be at the core of the problem. Despite the wording of
patent's purpose in "benefit to society" language in most
jurisdictions, somehow the idea of "benefit to patent holders" has
arisen despite its complete circularity.

Thanks for drafting this, and making strong efforts on our behalf.

-- 
 \           "Earth gets its price for what Earth gives us."  -- James |
  `\                                                    Russell Lowell |
_o__)                                                                  |
Ben Finney <ben at benfinney.id.au>
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