Hi,
To win a game (and be officially declared as winner), one must play it according to its rules.
On Tuesday 23 November 2004 17:18, Tim Churches wrote:
The cost of lodging opposition to a patent before it issues here in
Asutralia is AUD$550.
I am willing to reimburse you this amount.
Thanks, but I understand that other organisations will be opposing the patent application here in Australia. Also, AUD$550 is just the application fee. If the opposition tot he application is not upheld by the Patents Commissioner, then costs are awarded againstthe opponent - that's right - the person or organisation objecting tot he patent application has to pay the costs (eg patent attorney fees) of the aptent applicant. Totally absurd, and it shows how much teh system is stacked in favour of the patent applicant, who merely has to assert novelty, not prove it.
The main point here is to actually lodge the opposition. All the documents, information and discussions on this list are excellent but they will be useless if nothing is done to "play the game by its rules".
I would suggest that others need to oppose the patent application in the US, UK and Canada. Separate patent applications have been lodged in those countries. Even is teh patent application is successfully opposed in Australia doesn't mean it won't be approved and issue in the other countries.
However, if the opposition is not upheld, then the opposer is liable to pay for the patent applicants' costs in responding to the opposition. The entire system is stacked in favour of the aptent applicant, which is wrong.
Hmm, I seem to be repeating myself. But I am flabberghasted just how unfair the patent system really is.
Let me suggest this strategy: You create a foundation or a non-profit organization asap and have it legally registered. This organization (not an individual) must lodge the opposition. After lodging, send me copies of the documents, invoice and bank account info so I can reimburse you the above amount. Then you start campaigns to raise funds asap for information dissemination campaigns and in case you lose the case. You can ask for donations from individuals, groups, make a benefit gala, dinner, etc. Use proven marketing tactics to ignite interest in the case. Keep people talking, not just this list. Create publicity. Expose your opponents in the public. Tear down their facade.
Yes, the idea is a good one. See http://www.pubpat.org for an organisation doing something like this in the US. Alas, I don't have the time or inclination to become a full-time patent buster - but I have been trying to interest others in such a role. And I am willing to help find prior art.
Anyone wishing to oppose this patent in teh US, UK and Canada should contact me and I will provide details of candidate prior art assembled so far, and put you in touch with organisations which have indicated that they intend to oppose the application here in Asutralia. Of course, the application is still undergoing formal examination by the patent office - if it fails that, then we can relax. But that same patent office did approve an innovation patent (aka a petty patent) on the wheel a few years ago...
Sounds ugly? No. In the battleground there is no room for niceties.
I mean it.
Unfair and inequitable intellectual property protection regimes are indeed the battleground of the 21st Century, just as concentrated ownership of factories and farms were in the 20th Century.
Tim C
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