[Linux-aus] Dealing with the patent process

Ronald Skeoch rbs at muli.com.au
Wed Aug 4 06:52:02 UTC 2004

On Wed, 2004-08-04 at 08:28, Arjen Lentz wrote:
> Hi Pia,
> On Tue, 2004-08-03 at 15:02, greebo at pipka.org wrote:
> > [...] I'm thinking we get the Open Source 
> > community (including companies of course) involved in the patent process. 
> > Apparently patents have a public period where people can speak up about any 
> > prior art. I suggest we tie into this, and start getting involved with 
> > speaking up about patents. This means they won't necessarily get passed (if 
> > we have good cases) and then after say 6-12 months, we will potentially have 
> > a good paper trail of the issues the FTA has locked us into concerning 
> > patents. Other ideas are much welcome :) 
> I haven't checked for AU specifically, but traditionally the entire
> process is public. A patent is not a secret thing. Everybody can look at
> the whole story, they're just not allowed to implement it without
> licensing. This protection in essense comes into force the moment the
> patent application starts, because the review process of an application
> depends on feedback from experts in the field.
> In practise, this feedback loop is broken in many countries (most
> notably the US) but the process itself has not changed. So the "hooks"
> are there for anyone who is paying attention.
> So I think you are very right. We basically need to track patent
> applications, identify software patents and other relevant issues,
> inventorise them (website) and find the prior art that inevitably
> exists.
> I know that you can set up triggers on the AU trademark site to be
> notified when item with certain keywords are added to the database,
> likely something similar is possible for patent applications. Or just
> having people take a daily peek to identify stuff that needs adding to
> the list. Once identified, handling by a broader group of people becomes
> possible. Particularly if we can categorise.

I believe you are missing the point
we are not talking about australian patents but,
already issued US patents issued through a broken system
being accepted here.
perid of review is over, to overturn same will cost you say $us 500K
(we know that Microsoft and others will defend strongly)

Ronald SKEOCH  MD. Muli Management Pty Ltd.
124 Fox Valley Road, Wahroonga, NSW 2076
Sydney Australia.Ph 612 9487 3241 Fx 9487 3583
Software Solutions for Project based business.
Project Risk, Accounts & Process Management.
Protagonist for open software

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