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.