David More <[EMAIL PROTECTED]> wrote: > Put that way I can't but agree...the Government should just get the > thing cancelled IMVHO..
"The Government", meaning any govt dept or a Minister, can't just cancel patents or have them cancelled on a whim. The govt can can oppose patent applications, like anyone else, by lodging an opposition during the opposition period (which I think has now closed), and it can request re-examination of a patent, but whether the patents commissioner supports or strikes out a patent or patent application is an independent quasi-judicial process, as far as I am aware. Note also that there are special provisions in the Patents Act regarding the use of patents by the Crown (which means both C'wealth and State/Territory levels of govt and govt agencies and anyone working in the service of the Crown i.e. subcontractors to govt etc). Basically the Crown can use any patent without having to seek permission to do so, and there is a special tribunal which then determines appropriate compensation - which I gather is related to the apparent strength and novelty of the patented idea. Thus, a) patents are not an absolute barrier to implementation of a govt programme and b) "the Government" has little or no incentive to oppose bad or challenge patents through the normal channels because the Patents Act has special provisions for use of patents by govt. Thus, as has been pointed out, bad patents (and an increasing number of people would say patents in general) are a drain and brake primarily on the private sector, and on small and medium businesses in particular. Tim C _______________________________________________ Gpcg_talk mailing list [email protected] http://ozdocit.org/cgi-bin/mailman/listinfo/gpcg_talk
