Re: Boingo awarded patent for hotspot access

[David Farber <dave () farber net>]

Begin forwarded message:

From: Steve Lamont <spl () ncmir ucsd edu>
Date: June 24, 2009 10:24:55 AM EDT
To: dave () farber net
Subject: Re: [IP] Re:    Boingo awarded patent for hotspot access

[For IP if you wish. -- spl]

> They're in good company. The Australian Patent Office accepted a
> patent for the wheel ...

I believe this statement is misleading.

In 2001, John Keogh did indeed apply for and receive a patent for a
"circular transportation device".

However, a bit of simple research shows that in Australia there are
two different kinds of patent: an "Innovation Patent" and a
"Australian Standard Patent".

An "Innovation Patent", as I understand it, is basically awarded to
anyone who comes through the door with properly filled out paperwork.

        http://www.ipaustralia.gov.au/patents/what_innovation.shtml

 "Innovation patents are not automatically examined. To fully enforce
 your rights and take infringers to court your patent must be
 certified following an examination. To request an examination, you
 must contact IP Australia or your patent attorney, and fill out the
 appropriate form and pay the required fee. An examiner will then
 check that your patent meets all relevant requirements of the
 Patents Act."

The "Standard Patent" is just that, a patent examined and issued in
the standard manner.

As the Commissioner of patents, Vivienne Thom said, "To obtain the
patent the applicant must make a declaration that they are the
inventor.

"Obtaining a patent for the wheel would require a false claim, which
would certainly invalidate the patent."

        http://news.bbc.co.uk/2/hi/asia-pacific/1418165.stm

Whatever you may think of the intellectual property and patents
system, the assertion that an enforcable patent for the wheel exists
is at best misleading and can be more accurately characterized as
bogus.

                                                        spl




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