IP: Re: Melbourne man patents the wheel

[David Farber <dave () farber net>]

> Date: Tue, 03 Jul 2001 13:49:32 +1000
> From: Nathan Cochrane <ncochrane () theage fairfax com au>
>
> Hi Dave
>
> I wrote this piece, and the astute will notice the term "patent lawyer",
> when it should be "patent attorney". In Australia they are quite
> different things. I wrote "attorney", but it appears an over-zealous
> sub-editor seeking to thwack every stray Americanism made the
> replacement several times in the article without consulting me.
>
> Further recent, relevant information here:
>
> 2001 and he's patented the wheel
> http://it.mycareer.com.au/news/2001/07/03/FFXQ7G9HJOC.html
>
> Why copyright promises justice for all
> http://it.mycareer.com.au/news/2001/07/03/FFXWEKDHJOC.html
>
> Following the patent craft
> http://it.mycareer.com.au/news/2001/06/19/FFXD7AEUYNC.html
>
> Division over new patent category
> http://it.mycareer.com.au/news/2001/06/19/FFXQBVO43OC.html
>
> 'Digital S11' rails against patents
> http://it.mycareer.com.au/news/2001/06/19/FFXEPDEUYNC.html
>
> IP Australia (Australian Patent Office)
> http://www.ipaustralia.gov.au
>
> Cheers
>
> Nathan Cochrane
> Deputy IT Editor
> The Age
> Melbourne, Australia
> http://www.it.fairfax.com.au/columns/broadway
> http://www.it.fairfax.com.au/columns/openline
> http://www.it.fairfax.com.au
> http://www.theage.com.au
>
>
> David Farber wrote:
> > > 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".
> > > _______________________________________________
> > > Upd-discuss mailing list
> > > Upd-discuss () lists essential org
> > > http://lists.essential.org/mailman/listinfo/upd-discuss
> >
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