David More wrote:
Hi Andrew,
Neither am I, a lawyer, but I reckon they are dead meat..and idiots to
boot! To attempt a patent on such a concept is rubbish IMVHO - but what
would I know?
David,
There has been lots of concern, due to the AUSFTA, about US patents,
based on much more flimsy grounds than have been discussed here to date,
becoming enforcable in Oz. I'm not a lawyer either, but my feeling is
that this is such an important area that assumptions, particularly that
'we are in the clear', may be potentially dangerous.
We should be watching this issue now that 'MediConnect' has been raised
from the dead, at least to the extent of reporting on a joint government
press release.
Greg
On Mon, 31 Jul 2006 21:43:22 +1000, Andrew Patterson wrote:
> It would appear that the preliminary application has failed, because
of a lack of "novelty and innovation".
>
This is the international preliminary examination report which
evaluates the strength of the patent with regards international prior
art - the patent then
gets kicked back to the national body for acceptance or otherwise of
the patent, and whilst the IPER is influential, it is non-binding.
http://www.wipo.int/pct/en/basic_facts/faqs_about_the_pct.pdf (see
questions 18 and 19)
In this case the IPER doesn't look too good for the
pharmacy boys - though they seem to have preceeded onto the national
phase (i.e. Australia only) and seem to have been awarded the patent..
I guess we'll know around the 14th March 2007 - if they keep paying
their patent fees then the Guild obviously think it has _some_ value..
Keeping in mind I am not a
lawyer (I don't even play one on tv)
Andrew
--
Greg Twyford
Information Management & Technology Program Officer
Canterbury Division of General Practice
E-mail: [EMAIL PROTECTED]
Ph.: 02 9787 9033
Fax: 02 9787 9200
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