IP: Melbourne man patents the wheel

[David Farber <dave () farber net>]

> Delivered-To: upd-discuss () venice essential org
> From: love () cptech org
>
> Under the current draft of the Hague Convention proposal, the exclusive
> jurisdiction for the validity and enforcement of this patent would be
> the country of registration.  Jamie
>
> http://www.theage.com.au/news/state/2001/07/02/FFX0ADFPLOC.html
>
> Melbourne man patents the wheel
>
> By NATHAN COCHRANE
> Monday 2 July 2001
>
> A Melbourne man has patented the wheel. Freelance patent lawyer John
> Keogh was issued with an Innovation Patent for a "circular
> transportation facilitation device" within days of the new patent system
> being invoked in May.
>
> But he has no immediate plans to patent fire, crop rotation or other
> fundamental advances in civilisation.
>
> Mr Keogh said he patented the wheel to prove the innovation patent
> system was flawed because it did not need to be examined by the patent
> office, IP Australia.
>
> "The patent office would be required to issue a patent for anything," he
> said. "All they're doing is putting a rubber stamp on it.
>
> "The impetus came from the Federal Government. Their constituents
> claimed the cost of obtaining a patent was too high so the government
> decided to find a way to issue a patent more easily."
>
> He said the name should be changed to "Registered Innovation", to avoid
> confusion with standard patents, which grant broad monopoly rights.
>
> Standard patents have to be crafted by a registered patent lawyer who
> has engineering or science qualifications. Patents must also show an
> inventive step, a significant advance. The innovation patent, which
> replaces the petty patent, has to show only an innovative step and can
> be prepared without professional help.
>
> Commissioner of Patents Vivienne Thom would not comment on Mr Keogh's
> claims. But in an early statement she said small business has enjoyed
> lower costs because a lawyer did not have to be retained.
>
> "Also, to obtain the patent the applicant must make a declaration that
> they are the inventor," Dr Thom said.
>
> "Obtaining a patent for a wheel would require a false claim, which is a
> very serious matter and would certainly invalidate the patent as well as
> amount to a misrepresentation on the part of the applicant and
> unprofessional conduct by any professional adviser."
>
> Mr Keogh is unrepentant. He said the patent office goaded patent lawyers
> into filing frivolous innovation patents during a roadshow last year to
> sell the concept. He said courts would have to decide the fate of the
> system when infringement suits were inevitably brought.
>
> It could also lead to consumer confusion when marketers claimed a
> product was "patented".
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