The Mind Trap

US Gov Enters BlackBerry Patent Fight

SignOnSanDiego: The US government has filed a "statement of interest" in the current fight between RIM and NTP over patents allegedly infringed by the Blackberry. The Justice Department has basically said: "We really need our Blackberrys! Don't take them away or you'll feel our wrath!"
Well, the actual quote from the article goes: "it is imperative that some mechanism be incorporated that permits continuity of the federal government's use of BlackBerry devices". (from TechDirt)

Ringback Ads Patented

MocoNews: Someone managed to score the patents for replacing the ringing tone you hear when you call someone with something else -- music or an ad (I should point out they've been working on this since 2000). They've started a trial involving offering free calls in return for replacing your ringback tone with an ad. I don't think the economies are there, but it's probably worth offering some benefit. (FYI, I write for MocoNews)

The Anti-Gravity Patent

CNet: The US Trademark and Patent Office has granted a patent for an anti-gravity device..."Watchdogs called the science bogus, however. "This is not the first such patent to be granted, but it shows that patent examiners are being duped by false science," Robert Park of the American Physical Society in Washington DC said in the report."
However, far more interesting is this comment, titled Probably based on Biefeld-Brown effect (=very old hat). Ben Smith argues that the patent is legitimate (although it probably won't work) and includes the following paragraph:

It matters not whether the granted and thereby published patents work. Any invention that fulfils the patentability requirements (novelty, inventive step, described sufficiently so that "persons skilled in the art" can build it) represents knowlegde that if publised (as opposed to kept secret) enriches the public domain, which is the only purpose the patent system has. Most inventions today draw from this knowledge pool and very often, an earlier patent which described a badly or non-working apparatus has led other inventors to learn from it and either improve upon it or helped them not to waste their time
trying out something that has already been shown to be of little value, instead investing their effort in a different approach.

The whole post is definitely worth a read for a perspective on patents...

Patent Nonsense On Avian Flu

Boston: Alec van Gelder has written a thoughtful piece arguing against governments breaking Roche's Tamiflu patent in case of an outbreak of Avian Flu. The most pertinent arguments are that the raw ingredients are hard to come by (it would involve increasing production of a particular herb) and that the production process is difficult (although I doubt that means that other companies would need Roche to teach them how to make it). These are good points, although I'm not sure how true they are...
Lawrence B Ebert at IPBiz disagrees that the chinese herb (which he identifies as Star Anise) is needed in the production of Tamiflu, nor that Indian companies wouldn't be able to produce the drug. He also claims that "Tamiflu was developed by Gilead, who owns the patent", and draws emphasis to the last paragraph of Alec's column, which states that the most important role of government is to uphold private property rights...there are many people who would argue that the role of government is to benefit its entire populace, not just the rich...

Thai Scientists Patent Rice Genes

The Nation: Thai scientists have found the genes (or specifically, the defects in the genes) which cause rice to be aromatic. "Patent registration with the US Patent and Trademark Office is being followed by patent applications in another seven countries...Australia, France, China, Vietnam, Japan, India and the Philippines. Among them are the country’s main rice-growing competitors." The idea is that other varieties of rice can be made aromatic...there are also benefits for Thai rice breeding programs...

Drug Patents & The Avian Flu

People around the world are worried about the spread of the avian flu, which has hit Europe and even landed in the Americas. As my wife said: "It's all right for Europe, they have money, we can't do anything." As such news about the Roche drug Tamiflu is running around the web...
Inq7: The Philippine Department of Health has "urged local drug manufacturers to reproduce a certain flu vaccine in preparation for a possible outbreak of the deadly bird flu virus in the country"... refering to the drug Oseltamivir which is sold under the brand name Tamiflu. Apparently the government is "not really sure" if the drug is patented in the Philippines, which is odd...anyway, they've decided to issue a certificate of product registration authorizing the sale of a locally produced vaccine and leave it up to Roche to file a complaint if they object...
IndianExpress: Meanwhile, in India the drug is already being produced in a generic version by a company called Cipla, which has been challenged by Roche. "Generic manufacturers cannot legally manufacture patented drugs in India, but the World Trade Organisation’s TRIPS agreement allows the government to cancel patents and issue compulsory licensing during emergencies. This can force patent holders to licence out their formula to rival companies."
The problem appears to be whether the government can declare an emergency, but Cipla is insisting it will fight the legal battle all the way...

To Patent or Not to Patent? & What About Trademarks?

Entrepreneur: This article is focussed on up-and-coming inventors to give them an idea of if -- and when -- they should apply for a patent on their invention. It gives the benefits and drawbacks of patent protection, as well as basic advise on what to do before you start and who you should get to help you.

BizWomen: And now on to trademarks...how to select them and things you should look for when searching to see whether it will conflict with a previous trademark.

Over-protecting The Patently Obvious

Stuff: Apparently New Zealand doesn't have a test for 'obviousness' in its patent applications...

The IP Strategy Of Major Tech Companies

CNET: Cnet has published a comprehensive four page article about the major technology players and how they view and use IP, particularly patents. One point that was made was that since customers are clamouring for products that interoperate with open source (and other proprietary products) big software players like Microsoft are making (some of) their source code public. This removes the "trade secret" protection of the software so the companies are looking at other ways to protect it...such as patents... The article covers SAP, Oracle, Microsoft and IBM.

The Latest IP Crime: "Box-Wrap" Patent Infringement

Corante: This is bordering on ridiculous..."Box Wrap" Patent infringement is "when you ignore the terms written on the side of Lexmark printer cartridge box, refilling the cartridge with ink even when the company has designated it "single use only". According to the Ninth Circuit ruling [PDF] this week in ACRA v. Lexmark, opening the package means you agree to Lexmark’s wishes. And if you break that agreement, you could face claims under contract and patent law."
OK, I know the printer business involves selling cheap printers and expensive ink replacements -- like the console game industry, really -- but I don't think using replacement cartridges should be considered patent infringement.