Hi Greg,
As I understand it the concept they are attempting to patent is that of a shared patient record - which was at the base of Medi/Health Connect.
It seems to me one only needs to look at the plans that were implemented for Community Health Information Networks in the mid 90's and at places like Reigenstrief to realise there is a heap of 'prior art' - given this was filed in October 2002.
An attempt to enforce it would fail badly I believe, despite not being a lawyer.
It is also probably moot - since we know Healthconnect is very unlikely to ever be developed in that form and once they realise the complexity of e-prescribing (if they do what the pharmacists want - i.e. choice of dispensing pharmacy) it will need a big network they (the government) will be hesitant to pay for.
Much better to use a 2D barcode printed on the prescrption and have the pharmacists scan the paper in. Just as quick as pulling it down from a network and all the needed details fit easily with that technology and no change in business practices.
Simple, cheap and works.
Cheers
David
---- Dr David G More MB, PhD, FACHI Phone +61-2-9438-2851 Fax +61-2-9906-7038 Skype Username : davidgmore E-mail: [EMAIL PROTECTED] HealthIT Blog - www.aushealthit.blogspot.com On Thu, 03 Aug 2006 13:20:01 +1000, Greg Twyford wrote:
> 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.
>>
>>>
>> 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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