Merry Christmas everyone,

Brooks,Bill wrote:
> I want a patent on the 'wheel'... I think I could get rich off that one...
> think of the royalties... ;)

Too late:

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".

--
  Indrek Rebane           |      Borthwick-Pignon
  Electronics Engineer    |    Tartu Science Park
  Phone: (+372) 7 302 641 | Riia 185, 51014 Tartu
  Fax:   (+372) 7 383 041 |               Estonia
  [log in to unmask]        |         www.bps.co.ee

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