IP: Melbourne man patents the wheel

[David Farber <dave@farber.net>]

>Delivered-To: upd-discuss@venice.essential.org
>From: love@cptech.org
>
>Under the current draft of the Hague Convention proposal, the exclusive
>jurisdiction for the validity and enforcement of this patent would be
>the country of registration.  Jamie
>
>http://www.theage.com.au/news/state/2001/07/02/FFX0ADFPLOC.html
>
>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".
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