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[d@DCC] Requesting that you take on flawed patent office practices
From: Russell McOrmond <russell _-at-_ flora.ca>
(Full contact information at http://www.flora.ca/#contact ) Dear Brian Masse (Windsor West), http://www.digital-copyright.ca/taxonomy/page/or/229 NDP Shadow Cabinet: Industry, Science and Technology, Auto Policy, Canada Border Services, Customs I published an article to my Weblog earlier today which may be of interest to you. It is about a Longueuil (Quebec) company abusing a very broken patent system both domestically an internationally to extort money out of legitimate companies trying to do business. CIO: The Broader the E-Biz, the Bigger the Lawsuit http://www.digital-copyright.ca/node/view/665 A new class of patents has been created in the past few decades which when studied is found to have a quality of less than 40%, meaning that more than 60% of the patents granted in this subject matter would not stand up in court. This class is information/mental process patents which can include pure logic such as what is in software, to business models, and possibly onward to laws and acts of parliament. It is also said that gene sequence patents are a derivative class of patents from software, which are also a type of monopoly which has not been adequately studied to determine whether it harms or help innovation, or whether granting monopolies in this subject matter meets other public policy goals. Whether good quality patents promote innovation in each subject matter class can be debated, but there can be no debate that poor quality patents harm not only the credibility of the patent system but also greatly harms the economy as a whole. I suspect you are aware of the context which is a US patent system which patents on exercising your cat with a laser pointer, playing fetch with your dog or combing your hair to cover bald spots. Further legal analysis is simply not going to get us rational policy. Patent lawyers have a vested interest in expanding what can be considered a "machine, manufacture or composition of matter". I have filed an AtiP request of Industry Canada to have them disclose the practices of the patent office around software patents, and it includes the irrational conclusion that a computer running a different piece of software is somehow a different "machine". This is about as rational as claiming when a human being learns something new that it becomes a new person, and with each new thought this person must apply for a new birth certificate. Access to Information Request sent to Industry Canada for updated MOPOP for the review of software/business method patents. http://www.digital-copyright.ca/node/view/626 Have you considered taking on the patent quality problem of the patent office? This is both a domestic issue relating to problems at CIPO, but also a problem that Canadians could positively influence with our participation at WIPO, WTO (TRIPS) and other such international venues. We must move past the special interest legal analysis of the past few decades which seeks to expand this type of monopoly, to rational economic policy that is consistent with other Canadian public policy goals. Thank you for your consideration, Russell McOrmond Full contact information at http://www.flora.ca/#contact P.S. I will be meeting next Monday, January 24, with Charlie Angus to talk about copyright. As we have discussed in the past there are considerable problems with this area of technology law as well, with incumbent special interests seeking to amend the law to favor them against growing creativity which "skips the intermediaries" (meaning, skips those incumbent special interests). The underlying debate isn't about ways to stop copyright infringement, but lobbying to create new types of infringement which will favor those legacy and increasingly unnecessary intermediaries. The 1996 WIPO treaties are not about reducing copyright infringement, but about reducing competative alternatives to the existing intermediaries. -- Russell McOrmond, Internet Consultant: <http://www.flora.ca/> Happy Hacking, Eh! http://www.digital-copyright.ca/blog/2 (My BLOG) Sign the Petition Users' Rights! http://digital-copyright.ca/petition/ _______________________________________________ Discuss mailing list Discuss@list.digital-copyright.ca http://list.digital-copyright.ca/mailman/listinfo/discuss
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