Hi Tim,
Shows how good a lawyer in am - NOT.
My point remains - some one has goofed allowing a patent according to a Catherine Rees of the Australian Patent Office - saying they can't see novelty and an inventive step. This means it fails on 2 out of 3 criteria at least (the other is industrial applicability).
They quote a range of prior art so to the totally simple minded this is an open and shut case..but clearly its more difficult than that. I read all this to say the international patent is denied - but maybe its still OK in Australia - unless previous international patents exist..no idea on that.
Maybe some one who is full bottle on all this should e-mail [EMAIL PROTECTED] and ask them just how one finds out the status / or what it is.
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 Fri, 04 Aug 2006 11:41:58 +1000, Tim Churches wrote:
> 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
>
> __________ NOD32 1.1691 (20060803) Information __________
>
> This message was checked by NOD32 antivirus system. http://www.eset.com
|
_______________________________________________ Gpcg_talk mailing list [email protected] http://ozdocit.org/cgi-bin/mailman/listinfo/gpcg_talk
