Tag Archives: patents

patented tail holes: patent reform

God we so need patent reform. What happened to the non-obviousness requirement? Can someone please explain to me how a cat / dog diaper can have a “patented tail hole”???? What else would a pet diaper have except for a tail hole? Yes, ladies and gentlemen, it is the knowledge economy: the patenting of tail holes.

Available at PlanetUrine.com. See also http://www.dog-diapers.net/catdiapers.html. I just love the URLs.

Description at http://pickyguide.com/pet_supplies/cat_diapers_guide.html:

Cat diapers are worn by cats for trapping waste or urine. They are made like disposable baby diapers, only they are specifically designed for feline use. They are commonly used by cats with bladder or bowel problems or those who have undergone surgery.

This paragraph is a masterpiece of stating the obvious.

My partner notes, “My grandmother made really nice looking pants that were better looking than any of these, I’ll have you know. They were really good looking. … Can’t we just use some of Ada’s little newborn diapers, do you think?”

new US Trade Rep; same bad Hollywood favoritism

see below for update 12/19

Obama has appointed the next US Trade Representative, current U.S. Representative Xavier Becerra (D-CA 31); see also Becerra’s House site. Unfortunately, it looks like he’s going to be in the pocket of tank for Hollywood, just as prior USTR’s have been.

A few notes from some fast research (“googling”):

* He’s a Dem from LA. That’s almost saying enough right there.
* The Washington Times (crazy! but it’s what news.google.com pointed me to) reports:

With strong ties to Hollywood, Becerra fought to have the film industry included in the $137 billion tax bill. He wanted to stem the exodus of film production overseas and to Canada with tax-code changes.

* Google shows him on many, many events with, for, or about Hollywood, P2P, etc.
* He’s taken money from copyright maximalist PACs, e.g., $3000, Jan-June 1995, which went waaay up over the next decade: $38,750, 2005-06 (plus $3000 printing, for a total of $41,750 from copyright industries, against $12,000 from telcos & Internet companies). In ’07-’08, he took $47,500 from Hollywood, plus $5,000 from printing & publishing. Cost-of-lobbying increases, I guess. open secrets

But, while it may be bad on the copyright-front (did we expect anything good?), it’s not necessarily all bad. Like I’ve noticed before, Hollywood copyrightists who can’t see the public interest in copyright can definitely see it in patent law. Becerra cosponsored the “Genomic Research & Accessibility Act” to ban gene patents. Michael Crichton, Patenting Life, NYT, 2/13/2007

Last Friday, Xavier Becerra, a Democrat of California, and Dave Weldon, a Republican of Florida, sponsored the Genomic Research and Accessibility Act, to ban the practice of patenting genes found in nature. Mr. Becerra has been careful to say the bill does not hamper invention, but rather promotes it. He’s right. This bill will fuel innovation, and return our common genetic heritage to us.

He’s also done some pro-librarian work, for example, seeking to add librarians to loan forgiveness plans, e.g., by introducing the Librarian Education & Development Act of 2003 (HR 2674).LIS News 2004/6/9

And of course in other areas — human rights not dealing with access to knowledge — he’s pretty good. So, the task is to get the access to knowledge message to him …

update 12/19 So Becerra turned down the job on Monday (12/15), and instead Obama has appointed Ron Kirk, former Mayor of Dallas, and supported by tech. tech daily dose, from private list

ohohohoh

This is highly amusing. A Constitutional flaw in the way that patent appeals judges have been appointed since 2000 (by persons without authority to do so) threatens to invalidate all the decisions made by a panel that includes a judge appointed since 2000. [My initial hearing of snatches of this made me think there was a problem with the Fed Circuit, which would have been even more hilarious! But this is pretty funny too.]

rotflol …

but seriously, folks, this will never happen. Congress will hastily fix the appointment process and pass a law grandfathering in the eight years’ worth of decisions. The grandfather statute will be challenged, and will be upheld on appeal as a lawful exercise of Congress’ power to regulate commerce. Decisions premised on this problem will be held off or actions stayed until resolution of the dispute.

Charles Miller, a spokesman for the Justice Department, said the government had no comment. “There is really nothing we can say at this time,” he said.

rotfl, rotfl …

But a 1999 law changed the way administrative patent judges are appointed, substituting the director of the Patent and Trademark Office for the secretary of commerce.

And now that Professor John W. Duffy has pointed it out, it’s so completely obvious! Of course the head of the PTO can’t appoint judges. How did nobody ever see this before? … Someone is going to be digging out their notes from nine years ago tonight and going “oh shit….”

teeeheeeheee…. i’m going to be chuckling on and off all the rest of the night.

Duffy paper @ SSRN

new & fabulous uses for business method patents

patent your tax strategies!

No, I’m not kidding. Go read the article. 52 patents for tax strategies have been issued since the first was issued in 2003, and 84 more are pending.

If this annoys you and causes you to mutter grumpily about State Street Bank and the Federal Circuit*, put a smile on your face with an early May review of KSR v. Teleflex: Another in a long string of Supreme Court rebukes to the Fed. Circuit and its “a patent in every pot” philosophy. Yaay non-obviousness standard! **

* I was going to link to Wikipedia for a quick review of the Fed Circuit for folks, but the wikipedia entry sucks: It includes all the employment history of the Fed Circuit and none of the substantive discussion about the rationales for creating it, the criticisms (a lot) and praise (not as much), and attempts to tinker with its structure or copy it for other areas of law. The State Street Bank entry is also not great but it gives citation, link to file, and a basic overview, so it was Good Enough.

** It’s interesting how Kennedy rejected a “rigid approach” for interpreting non-obviousness, because it might not keep up with technology. I compare this decision somewhat bitterly with his opinion in Gonzalez v. Carhart, in which he has no problem applying a rigid standard based on a particular technology (a surgical approach). He premised the right to create a blanket legal rule banning a particular surgical procedure — effectively a technological mandate — on, what? His decision that there was insufficient medical evidence to justify permitting the procedure and that the patients needed the paternalistic supervision of the State lest they make a decision they would regret later on. (Needless to say there was considerably more evidence that the procedure is medically advised in some situations, than there was evidence of any need for state paternalism to protect the emotional welfare of citizens.) I guess rigidity is okay when the patriarchy is involved.

open content as solution to exploitation of indigenous IP

It’s great to see more info about the rumored the Traditional Knowledge Digital Library — which will publish India’s traditional knowledge:

Indian scientists say the country has been a victim of what they describe as “bio-piracy” for a long time.

“When we put out this encyclopaedia in the public domain, no one will be able to claim that these medicines or therapies are their inventions. Till now, we have not done the needful to protect our traditional wealth,” says Ajay Dua, a senior bureaucrat in the federal commerce ministry.

[I]n most of the developed nations like United States, “prior existing knowledge” is only recognised if it is published in a journal or is available on a database – not if it has been passed down through generations of oral and folk traditions.

The irony here is that India has suffered even though its traditional knowledge, as in China, has been documented extensively.

But information about traditional medicine has never been culled from their texts, translated and put out in the public domain.

A little confusion between “publication” and “public domain” …

No wonder then that India has been embroiled in some high-profile patent litigation in the past decade – the government spent some $6m alone in fighting legal battles against the patenting of turmeric and neem-based medicines.

In 1995, the US Patent Office granted a patent on the wound-healing properties of turmeric.

Indian scientists protested and fought a two-year-long legal battle to get the patent revoked.

Last year, India won a 10-year-long battle at the European Patent Office against a patent granted on an anti-fungal product, derived from neem, by successfully arguing that the medicinal neem tree is part of traditional Indian knowledge.

In 1998 the US Patent Office granted patent to a local company for new strains of rice similar to basmati, which has been grown for centuries in the Himalayan foothills of north-west India and Pakistan and has become popular internationally. After a prolonged legal battle, the patent was revoked four years ago.

The rice patent was new to me. Apparently, we will have to document not just every single preexisting medicinal use, but every single preexisting bit of human knowledge, to prevent companies from trying to enclose human knowledge.

Then they mention the yoga case (now settled favorably for open source yoga advocates):

And, in the US, an expatriate Indian yoga teacher has claimed copyright on a sequence of 36 yoga asanas, or postures.