quote: Regarding #1, not directed at the article, more of a general comment. Basically anything under the sun made by man is patentable. Sweat of the brow isn't a requirement for patentability if the invention is new and inventive. It's hard to legislate to protect the complicated machine taking years to design if you aren't also protecting the 5 second conception of a new GUI design. Both should be equally patentable imo.
quote: Regarding #3, Here is the statute: http://oami.europa.eu/ows/rw/resource/documents/RC... Check out article 85.Here is an article written by a German patent attorney:http://patlit.blogspot.com/2011/10/industrial-desi...Here is more commentary: http://mobile.osnews.com/story.php/25056/The-Commu...Germany litigates utlity patent infringement and validity in two separate proceedings. For instance, you can win on infringement and two years later find out you actually lost because the patent was invalid. Not sure if that is the same for designs. In the US it is done all at once for both utility patents and designs.
quote: Bad patents get granted due to the limited time a patent office can invest in examining each one, bad examiner training, etc. It's inevitable. That's why we have the courts to hopefully clear these things up.