The Patent Prosecution Highway (PPH) has come into play so the USPTO does not have to re-examine patents where the patent has already been successfully examined in another jurisdiction (such as Australia, Japan etc) - I received a press release from the Australian Patent Office recently that stated that accelerated examination of a patent can take place where a corresponding patent has been examined with at least one successful claim in another jurisdiction that is party to the PPH. See www.uspto.gov & type PPH into the search box
Great advance; however, the problem isthat it still requires the recipient to be immune deficient i.e. the testes with beta cell islet cell characteristics were transplanted into the back of immune deficient mice
There are plenty of people who espouse the view that patent protection is simply a tool for big business to flex its muscle and block access to innovation by small players and competitors.
However, the underlying rationale of patent protection is to force an invention onto the public record. Sure, the patent owner gets a monopoly but it is limited for a specific period of time (very limited if you compare it to the monopoly a copyright owner gets) and after that it is free for all to use – down to the very last detail. In fact, you can’t get a patent unless you put in the detail.
So the patent databases in reality form the largest standardised library in the worldpublicly accessible (no paywall / subscription fees) and reliable (at least in relation to granted or issued patents).
Why should the open source community consider patenting? Getting a patent for an invention blocks another party from getting a patent for the same invention. So, if a group of open source collaborators can secure a patent, it can choose to grant a royalty-free licence to the open source community to use it (just as open source software is licensed). This secures the invention for public use immediately. In other words, it blocks the ability for another party to patent that invention and prevents that other party from exploiting it for commercial gain. Check mate.
Secondly, it secures the open source community the right to continue using the patented invention subject to the terms of the patent licence. A term of the licence may be that any modifications, enhancements or improvements are owned by the (open source) patent owner, thereby retaining all enhancements for public use.
Thirdly, open source patented innovations reside on patent databases and thus form part of the same public record, which makes the public record more comprehensive and useful to the community at large.
For more see http://bit.ly/dwJqE3 & http://1p.com.au/
Open source patenting is a possibility and beneficial for software:
There are plenty of people who espouse the view that patent protection is simply a tool for big business to flex its muscle and block access to innovation by small players and competitors.
However, the underlying rationale of patent protection is to force an invention onto the public record. Sure, the patent owner gets a monopoly but it is limited for a specific period of time (very limited if you compare it to the monopoly a copyright owner gets) and after that it is free for all to use – down to the very last detail. In fact, you can’t get a patent unless you put in the detail.
So the patent databases in reality form the largest standardised library in the worldpublicly accessible (no paywall / subscription fees) and reliable (at least in relation to granted or issued patents).
Why should the open source community consider patenting? Getting a patent for an invention blocks another party from getting a patent for the same invention. So, if a group of open source collaborators can secure a patent, it can choose to grant a royalty-free licence to the open source community to use it (just as open source software is licensed). This secures the invention for public use immediately. In other words, it blocks the ability for another party to patent that invention and prevents that other party from exploiting it for commercial gain. Check mate.
Secondly, it secures the open source community the right to continue using the patented invention subject to the terms of the patent licence. A term of the licence may be that any modifications, enhancements or improvements are owned by the (open source) patent owner, thereby retaining all enhancements for public use.
Thirdly, open source patented innovations reside on patent databases and thus form part of the same public record, which makes the public record more comprehensive and useful to the community at large.
So, how is open source patenting workable?
One of the key hurdles to patentability is that an invention needs to be novel (new). This means it cannot be publicly known or used before the patent is applied for. How can open source collaborators collaborate without destroying novelty?
One suggestion for making it workable would be to exploit the “grace period” available under patent laws in countries such as Australia, Canada, Japan and the USA. A grace period means that you can still apply for a patent after disclosing your invention (sharing it with open source collaborators) so long as you lodge your patent within 6 to 12 months (depending on the country). Sure, it’s not foolproof because not every country has a grace period (Europe is a notable exception) but we’re talking about ways to overcome hurdles to enable open source collaborators to tap in to the benefits of patenting.
Another suggestion is that a project be flagged for patenting at its inception (before any detail is provided) and collaborators sign up under an NDA before they can view and contribute. For example, an inventor could:
provide a high level view of their invention onto a site;
invite contributions or help from the peer to peer to join in drafting a patent description;
interested participants could subsequently request to join the community specifically associated with drafting that patent description;
The inventor and associated community can then let the new contributor join if they show skills that are helpful to the patent’s description generation; and
All contributions would be logged against each contributor so as to determine if they are making a technical or inventive contribution.
What about costs?
Building a community of particular skill sets to help draft the description of an invention for a patent would offset patenting costs and aid in obtaining a contribution by a community in an Open Source manner. The patent once described (e.g. as per the steps above) could have a patent attorney draft the claims or oversee the claim drafting, rather than being involved throughou
A diagnostic assay would be a solution over and above the current solutions proposed. For example, according to Nature Medicine 16, 348 (2010) the law is responsible the success of counterfeit drugs?
Why the law is poor
Nature Medicine proposes that the reporting of counterfeit drugs is not mandatory and therefore is underreported. This may be true for the USA where pharmaceuticals are bought online, which is a major distribution source of counterfeit drugs; however, in countries like Australia, this is not a major source of counterfeit drugs.
But where is the problem most endemic? In countries such as India, it is a huge problem since the recipients of counterfeit drugs cannot generally buy legitimate drugs through legitimate means.
In my mind, the first question arises is how does one know that a drug is counterfeit and therefore know to report? This is the first step. The problem with counterfeit drugs is that they do not contain the pharmaceutical required for its action, or may contain a poison.
More laws do not remove the problem
There are many laws already available to stop the sale of counterfeit drugs; however, we are not seeing these laws being used. Why? The main problem is detection. How is an individual or even a practitioner to know if a drug is not working? Is it because of the patient’s own response, the profile of the drug (many drugs are not 100% effective in all patients at all times) or because a drug is counterfeit?
Increasing the policing of counterfeit drugs by putting a mandatory obligation onto reporting of counterfeit drugs will not address the above problems. This really in turn is making a recipient of a counterfeit drug a criminal if they do not report it. Further increasing policing of reporting has a huge cost with little return.
Use reward, not the stick!
I believe that increased reporting is necessary, but not by imposing penalties. A reward for reporting counterfeits would have a much more positive outcome for all concerned. This will help stop counterfeit drug trafficking, because it:
1. will not cause criminalisation the innocent recipients, thus further expanding the black market; and
2. will help the recipients of counterfeit drugs, who are the most vulnerable due, afford the legitimate channels for legitimate drugs.
Further, industry should support the development of readily available objective tools for proper screening of drugs to allow recipients to determine the legitimacy of drugs they have received, thereby facilitating the reporting of counterfeits.
http://www.1place.com.au/wptest.php
In contrast to Rupert Murdoch hatred of Google, there is a growing demand, including that of President Barack Obama, for greater public access to publications of particular interest - for example biomedicine, which may also extend to other research agencies.
In the journal Nature (http://www.nature.com/nature/journal/v464/n7290/full/464813a.html) it was reported that the "US National Institutes of Health (NIH) to make authors' or publishers' versions of research papers publicly available in the PubMed Central repository within 12 months of publication." PubMed Central repository is a bit like a Google listing. Further, it is speculated in the nature article that "President Barack Obama might soon issue an executive order extending this requirement to all federal research agencies".
Why would Apple produce another search engine as a slow follower?
We need something more such as a transaction engine: search a question and a transaction engine places the information from multiple sources into a coherent answer - like a self forming Wikipedia.
Imagine - you have a legal question and you can place your question into a Transaction Engine so that it could ask you questions, and form say an agreement, essay, advice,... from multiple sources of information.
Consequently, the tool also acts as a learning teaching device. Our website at http://1place.com.au/ has a question/answer expert system; however, if we had a tool to draw from the masses of information on the net then it would be different and worthwhile.
Our site http://1place.com.au/ is blocked which on has our work or intellectual property generally (e.g. art events, design, patents, copyright, latest trade mark disputes, great marketing podcasts...)....
However, the bare buttocks at the opera house as photographed by Spencer Tunick has no problems getting passed the great wall: http://thespencertunickexperience.org/2010-03_Sydney/Sydney_The_Base_2010.htm
I was surprised.
We were informed by a Chinese resident that: "Nudity is no probelm. It is subversive activity [of IP protection] such as your website that is blocked."
Try Knowledgetree - It's open source, has workflow and it is fully audited: http://www.knowledgetree.com/solutions/industry-solutions
We use it in our law firm (I manage it - we are relatively small http://1p.com.au/ and it runs without any specific expertise. I have previously tried other solutions without success. We also really appreciate knowledgetree's ability to interact seamlessly with MSOffice etc.
Good luck
Hi Alives
Deja Dup (http://mterry.name/deja-dup/) is a great program for full followed by incremental backups - however, this is suitable on Ununtu only at the moment since it needs Intltool > 0.37.
I use Linux but not Ubuntu on my servers (which has Intltool = 0.35) and so need a another solution & I am looking forward to your scripts if possible.
Thanks
1Place
email: 1place at ipo dot com dot au
Thanks Alives
Please send it to:
1place at ipo dot com dot au
I had set out this weekend to work on the scripting for backing up to S3, so I really appreciate the help
All the best
1Place
Slashdot Mirror
The Patent Prosecution Highway (PPH) has come into play so the USPTO does not have to re-examine patents where the patent has already been successfully examined in another jurisdiction (such as Australia, Japan etc) - I received a press release from the Australian Patent Office recently that stated that accelerated examination of a patent can take place where a corresponding patent has been examined with at least one successful claim in another jurisdiction that is party to the PPH. See www.uspto.gov & type PPH into the search box
Great advance; however, the problem isthat it still requires the recipient to be immune deficient i.e. the testes with beta cell islet cell characteristics were transplanted into the back of immune deficient mice
There are plenty of people who espouse the view that patent protection is simply a tool for big business to flex its muscle and block access to innovation by small players and competitors. However, the underlying rationale of patent protection is to force an invention onto the public record. Sure, the patent owner gets a monopoly but it is limited for a specific period of time (very limited if you compare it to the monopoly a copyright owner gets) and after that it is free for all to use – down to the very last detail. In fact, you can’t get a patent unless you put in the detail. So the patent databases in reality form the largest standardised library in the worldpublicly accessible (no paywall / subscription fees) and reliable (at least in relation to granted or issued patents). Why should the open source community consider patenting? Getting a patent for an invention blocks another party from getting a patent for the same invention. So, if a group of open source collaborators can secure a patent, it can choose to grant a royalty-free licence to the open source community to use it (just as open source software is licensed). This secures the invention for public use immediately. In other words, it blocks the ability for another party to patent that invention and prevents that other party from exploiting it for commercial gain. Check mate. Secondly, it secures the open source community the right to continue using the patented invention subject to the terms of the patent licence. A term of the licence may be that any modifications, enhancements or improvements are owned by the (open source) patent owner, thereby retaining all enhancements for public use. Thirdly, open source patented innovations reside on patent databases and thus form part of the same public record, which makes the public record more comprehensive and useful to the community at large. For more see http://bit.ly/dwJqE3 & http://1p.com.au/
Open source patenting is a possibility and beneficial for software: There are plenty of people who espouse the view that patent protection is simply a tool for big business to flex its muscle and block access to innovation by small players and competitors. However, the underlying rationale of patent protection is to force an invention onto the public record. Sure, the patent owner gets a monopoly but it is limited for a specific period of time (very limited if you compare it to the monopoly a copyright owner gets) and after that it is free for all to use – down to the very last detail. In fact, you can’t get a patent unless you put in the detail. So the patent databases in reality form the largest standardised library in the worldpublicly accessible (no paywall / subscription fees) and reliable (at least in relation to granted or issued patents). Why should the open source community consider patenting? Getting a patent for an invention blocks another party from getting a patent for the same invention. So, if a group of open source collaborators can secure a patent, it can choose to grant a royalty-free licence to the open source community to use it (just as open source software is licensed). This secures the invention for public use immediately. In other words, it blocks the ability for another party to patent that invention and prevents that other party from exploiting it for commercial gain. Check mate. Secondly, it secures the open source community the right to continue using the patented invention subject to the terms of the patent licence. A term of the licence may be that any modifications, enhancements or improvements are owned by the (open source) patent owner, thereby retaining all enhancements for public use. Thirdly, open source patented innovations reside on patent databases and thus form part of the same public record, which makes the public record more comprehensive and useful to the community at large. So, how is open source patenting workable? One of the key hurdles to patentability is that an invention needs to be novel (new). This means it cannot be publicly known or used before the patent is applied for. How can open source collaborators collaborate without destroying novelty? One suggestion for making it workable would be to exploit the “grace period” available under patent laws in countries such as Australia, Canada, Japan and the USA. A grace period means that you can still apply for a patent after disclosing your invention (sharing it with open source collaborators) so long as you lodge your patent within 6 to 12 months (depending on the country). Sure, it’s not foolproof because not every country has a grace period (Europe is a notable exception) but we’re talking about ways to overcome hurdles to enable open source collaborators to tap in to the benefits of patenting. Another suggestion is that a project be flagged for patenting at its inception (before any detail is provided) and collaborators sign up under an NDA before they can view and contribute. For example, an inventor could: provide a high level view of their invention onto a site; invite contributions or help from the peer to peer to join in drafting a patent description; interested participants could subsequently request to join the community specifically associated with drafting that patent description; The inventor and associated community can then let the new contributor join if they show skills that are helpful to the patent’s description generation; and All contributions would be logged against each contributor so as to determine if they are making a technical or inventive contribution. What about costs? Building a community of particular skill sets to help draft the description of an invention for a patent would offset patenting costs and aid in obtaining a contribution by a community in an Open Source manner. The patent once described (e.g. as per the steps above) could have a patent attorney draft the claims or oversee the claim drafting, rather than being involved throughou
A diagnostic assay would be a solution over and above the current solutions proposed. For example, according to Nature Medicine 16, 348 (2010) the law is responsible the success of counterfeit drugs? Why the law is poor Nature Medicine proposes that the reporting of counterfeit drugs is not mandatory and therefore is underreported. This may be true for the USA where pharmaceuticals are bought online, which is a major distribution source of counterfeit drugs; however, in countries like Australia, this is not a major source of counterfeit drugs. But where is the problem most endemic? In countries such as India, it is a huge problem since the recipients of counterfeit drugs cannot generally buy legitimate drugs through legitimate means. In my mind, the first question arises is how does one know that a drug is counterfeit and therefore know to report? This is the first step. The problem with counterfeit drugs is that they do not contain the pharmaceutical required for its action, or may contain a poison. More laws do not remove the problem There are many laws already available to stop the sale of counterfeit drugs; however, we are not seeing these laws being used. Why? The main problem is detection. How is an individual or even a practitioner to know if a drug is not working? Is it because of the patient’s own response, the profile of the drug (many drugs are not 100% effective in all patients at all times) or because a drug is counterfeit? Increasing the policing of counterfeit drugs by putting a mandatory obligation onto reporting of counterfeit drugs will not address the above problems. This really in turn is making a recipient of a counterfeit drug a criminal if they do not report it. Further increasing policing of reporting has a huge cost with little return. Use reward, not the stick! I believe that increased reporting is necessary, but not by imposing penalties. A reward for reporting counterfeits would have a much more positive outcome for all concerned. This will help stop counterfeit drug trafficking, because it: 1. will not cause criminalisation the innocent recipients, thus further expanding the black market; and 2. will help the recipients of counterfeit drugs, who are the most vulnerable due, afford the legitimate channels for legitimate drugs. Further, industry should support the development of readily available objective tools for proper screening of drugs to allow recipients to determine the legitimacy of drugs they have received, thereby facilitating the reporting of counterfeits. http://www.1place.com.au/wptest.php
In contrast to Rupert Murdoch hatred of Google, there is a growing demand, including that of President Barack Obama, for greater public access to publications of particular interest - for example biomedicine, which may also extend to other research agencies. In the journal Nature (http://www.nature.com/nature/journal/v464/n7290/full/464813a.html) it was reported that the "US National Institutes of Health (NIH) to make authors' or publishers' versions of research papers publicly available in the PubMed Central repository within 12 months of publication." PubMed Central repository is a bit like a Google listing. Further, it is speculated in the nature article that "President Barack Obama might soon issue an executive order extending this requirement to all federal research agencies".
Why would Apple produce another search engine as a slow follower? We need something more such as a transaction engine: search a question and a transaction engine places the information from multiple sources into a coherent answer - like a self forming Wikipedia. Imagine - you have a legal question and you can place your question into a Transaction Engine so that it could ask you questions, and form say an agreement, essay, advice, ... from multiple sources of information.
Consequently, the tool also acts as a learning teaching device. Our website at http://1place.com.au/ has a question/answer expert system; however, if we had a tool to draw from the masses of information on the net then it would be different and worthwhile.
Australia is "under surveillance” due to increasingly rigorous control over Internet information flows. So what information flows between countries is not known until tested: see http://thenextweb.com/au/2010/03/12/international-org-puts-australia-onestep-internet-enemy/
Thanks - It is either a reprieve or my source was having a joke with us! I presume the latter : )
Our site http://1place.com.au/ is blocked which on has our work or intellectual property generally (e.g. art events, design, patents, copyright, latest trade mark disputes, great marketing podcasts...) ....
However, the bare buttocks at the opera house as photographed by Spencer Tunick has no problems getting passed the great wall: http://thespencertunickexperience.org/2010-03_Sydney/Sydney_The_Base_2010.htm
I was surprised.
We were informed by a Chinese resident that: "Nudity is no probelm. It is subversive activity [of IP protection] such as your website that is blocked."
Try Knowledgetree - It's open source, has workflow and it is fully audited: http://www.knowledgetree.com/solutions/industry-solutions We use it in our law firm (I manage it - we are relatively small http://1p.com.au/ and it runs without any specific expertise. I have previously tried other solutions without success. We also really appreciate knowledgetree's ability to interact seamlessly with MSOffice etc. Good luck
Hi Alives Deja Dup (http://mterry.name/deja-dup/) is a great program for full followed by incremental backups - however, this is suitable on Ununtu only at the moment since it needs Intltool > 0.37. I use Linux but not Ubuntu on my servers (which has Intltool = 0.35) and so need a another solution & I am looking forward to your scripts if possible. Thanks 1Place email: 1place at ipo dot com dot au
Thanks Alives Please send it to: 1place at ipo dot com dot au I had set out this weekend to work on the scripting for backing up to S3, so I really appreciate the help All the best 1Place
Hello Alives I would be very grateful of you could send me the the scripts, however, being new to Slashdot I do not yet know how to PM. Thanks