[Flug] Potrebbe interessare per il free software ...

[Leonardo Boselli]

From:           	Fred Dabney <fdabney@nmsu.edu> Subject:        
	Fw: Sad & funny news 

Be sure, when you look at a train or model to see if the patent 
notation is visible... 

>       Melbourne man patents the wheel
>
> By NATHAN COCHRANE
> Monday 2 July 2001
>
> A Melbourne man has patented the wheel. Freelance patent lawyer
John Keogh > was issued with an Innovation Patent for a "circular
transportation > facilitation device" within days of the new patent system being
invoked in > May.
>
> But he has no immediate plans to patent fire, crop rotation or
other > fundamental advances in civilisation.
>
> Mr Keogh said he patented the wheel to prove the innovation patent
system 
> was flawed because it did not need to be examined by the patent
office, IP 
> Australia.
>
> "The patent office would be required to issue a patent for
anything," he 
> said. "All they're doing is putting a rubber stamp on it.
>
> "The impetus came from the Federal Government. Their constituents
claimed 
> the cost of obtaining a patent was too high so the government
decided to 
> find a way to issue a patent more easily."
>
> He said the name should be changed to "Registered Innovation", to
avoid 
> confusion with standard patents, which grant broad monopoly
rights. 
>
> Standard patents have to be crafted by a registered patent lawyer
who has 
> engineering or science qualifications. Patents must also show an
inventive 
> step, a significant advance. The innovation patent, which replaces
the petty 
> patent, has to show only an innovative step and can be prepared
without 
> professional help.
>
> Commissioner of Patents Vivienne Thom would not comment on Mr
Keogh's 
> claims. But in an early statement she said small business has
enjoyed lower 
> costs because a lawyer did not have to be retained.
>
> "Also, to obtain the patent the applicant must make a declaration
that they 
> are the inventor," Dr Thom said.
>
> "Obtaining a patent for a wheel would require a false claim, which
is a very 
> serious matter and would certainly invalidate the patent as well
as amount 
> to a misrepresentation on the part of the applicant and
unprofessional 
> conduct by any professional adviser."
>
> Mr Keogh is unrepentant. He said the patent office goaded patent
lawyers 
> into filing frivolous innovation patents during a roadshow last
year to sell 
> the concept. He said courts would have to decide the fate of the
system when 
> infringement suits were inevitably brought.
>
> It could also lead to consumer confusion when marketers claimed a
product 
> was "patented".
>
>
>
------- End of forwarded message ------- 
Leonardo Boselli
nucleo informatico e telematico
Dipartimento Ingegneria Civile
Universita` di Firenze
V. S. Marta 3 - I-50139 Firenze
tel +39()0554796431 fax +39()055495333
http://www.dicea.unifi.it/~leo