Showing posts with label Personal. Show all posts
Showing posts with label Personal. Show all posts

17 November 2022

Dear Twitter – It’s Not Me, It’s You!

Vomiting blue bird that is definitely not the Twitter logo I joined Twitter in June 2010.  I did not really know what Twitter was, or how it worked, but there was a lot of ‘buzz’ around it, and I wondered if it might be a useful channel to share and promote the blog that I had just created.  That turned out to be a good call, especially when the Apple v Samsung patent litigation kicked off in Australia about a year later.  Journalists were among the most active and enthusiastic early users of Twitter, and I would not be surprised if they are among the last to leave if and when the lights finally go out.  It was easy to become one of the most visible IP professionals talking about Apple and Samsung on Twitter.  Journalists contacted me for comments on the case, and quoted me online and in print which, in turn, led to appearances on Australian radio, and even to a couple of international online video interviews.  Monthly visitors to Patentology doubled between July and August 2011, and by mid-2013 the blog was regularly welcoming over 5,000 unique users each month.  My level of activity, and the size of my readership, have scaled back somewhat since those heady days.  At the time, however, I was still building a client base, and all of that media exposure was the kind of publicity that money simply could not buy.

So I credit Twitter with helping me to make a name for myself in the Australian IP profession.  But it was not only about self-promotion.  Back then, I also found Twitter to be home to a friendly and collegiate community.  I connected with other patent attorneys, lawyers, bloggers, technology enthusiasts, and people with all sorts of different interests.  It was fun, and it was (mostly) fairly pleasant.  It was also a bit ‘rough and ready’.  As a recent opinion piece reminded me, in those days Twitter did not natively support hash-tags, @-mentions or retweets – these all started out as conventions devised by users, long before they were implemented as features of the platform.  Links used up as many characters as were in the web address, making URL shortening services such as bit.ly essential tools.  And tweets were limited to 140 characters, before being doubled to the current 280 characters in 2017.  It was all quite arcane and mysterious to outsiders, which no doubt contributed to a general feeling of camaraderie among we self-anointed Twitter cognoscenti!

These days Twitter is a much easier, but much less pleasant, place to be.  You might say that it has become more ‘user-friendly’ while simultaneously becoming much less friendly to its users.  And, to be clear, this has nothing – or not much – to do with the recent takeover of the platform by Elon Musk.  As another recent opinion piece put it, ‘…long before Musk’s ownership, [Twitter] was frequently an unpleasant place to be.  People on the right are targeted by the left, people on the left by the right.  Women and minorities receive more hate than most.’  Prior to the acquisition, Musk sought to smooth the waters by promising not to let Twitter become a ‘free-for-all hellscape’.  But, let’s be honest, this sets a pretty low bar for success.  If, or when, the day comes that Twitter’s best selling point is that it’s not an actual hellscape, then I imagine our choice of social media platforms will be the least of our troubles as a civilisation!

I recently requested an archive of my Twitter data which made it easy for me to go back and review my tweeting history.  Clicking through the links on some of my earlier tweets I discovered that many of the people with whom I engaged back then seem to have abandoned the platform.  Many have not tweeted for years, while a few have even deleted their accounts.  Some of the journalists who are still there (because they have to be, in order to do their jobs) have deleted many years’ worth of old tweets, perhaps to avoid the possibility of being embarrassed or compromised by something that their less mature selves may have written on a less mature, and more free-spirited, Twitter.

But the final nail in Twitter’s coffin, for me, is simply this.  A couple of weeks ago I wrote about starting my new PhD.  Although I have 2,480 followers on Twitter, a tweet linking to that article received only 177 impressions, four ‘likes’ and one direct reply.  On LinkedIn, where I have 1,052 followers, a post linking to the article has so far received 5,823 impressions, 79 reactions (i.e. ‘likes’ and similar), and six comments.  The most common roles of people reached by the post include patent attorneys, lawyers, academics, patent examiners and CEOs.  Many of these are not the people I would have most wanted to reach when I was seeking exposure to potential clients as a patent attorney, but they are exactly the people I am hoping will be interested in following my latest professional endeavours.

I am not going to petulantly quit Twitter and delete my account – unlike Stephen Fry, who last week tweeted an image of Scrabble letters spelling out ‘goodbye’, and abandoned his 12.5 million followers!  I am just going to ‘quiet quit’, and stop using my account.  It can sit there for posterity, but it is doing nothing for me professionally, and I do not need the aggro that comes with too much personal engagement on the platform.  You will see that the box in the sidebar to the right that showed my latest tweets is gone, and has been replaced with one displaying my recent activity on LinkedIn.  And if you wish, you can come and follow me or connect on LinkedIn.  I will look forward to seeing you there!

31 October 2022

So I started a (Second) PhD. Here’s Why.

Melbourne University (South Lawn)As long-time readers will be aware, it was almost exactly six years ago that I announced that I was leaving my job as a patent attorney with Watermark (which has since disappeared after being ‘integrated’ into Griffith Hack) to pursue other, vaguely articulated, interests.  Since then I have operated as an independent IP consultant.  I have undertaken some ‘traditional’ patent attorney tasks, including patent drafting and prosecution, continuing to work with some of my colleagues and clients from the Watermark days, as well as a few new ones along the way.  But I have also had the opportunity to engage in a range of projects that simply would not have been open to me within an attorney firm environment, including working with IP Australia on the IP Government Open Data (IPGOD) releases in 2018 and 2019, assisting a university research group with patent mapping and developing/documenting an IP strategy for a major grant application, and consulting to investment analysts on the Australian market for IP services. 

Some of the most interesting work I have been involved in over the past few years has come about as a result of the software tools that I have developed for processing and analysing Australian (and New Zealand) patent data, and the many articles I have published here making use of those tools.  I have also dabbled in machine learning (ML) and natural language processing (NLP) technology, using techniques from these fields for ‘fuzzy’ matching of entity names in patent data and for distinguishing between individual and corporate names in unstructured data (both of which were employed in my work on IPGOD, and are in use every day in my automated patent data updates), as well as in more speculative applications such as classifying provisional applications into technology fields based only on published titles.

A couple of years ago I started thinking about some important, but difficult, problems in patent law and policy that might be addressed using some of these kinds of technology.  For example, what if we want to measure the effect of different patent laws and examination processes in different jurisdictions?  The Australian government’s Productivity Commission thought this was a relevant consideration in its 2016 report on the nation’s intellectual property arrangements, recommending (among other things) that the legal test for inventive step should be modified (yet again – after it had only been adjusted in 2013) to bring Australia more closely into line with Europe.  IP Australia’s initial efforts to implement this recommendation have been abortive, and with the recent change in government seem likely to fall by the wayside altogether.

13 October 2016

How a Little More Empathy, And a Little Less Ideology, Would Not Go Astray at Techrights

AngryLast week I wrote about quitting my job.  To say that I have been dumbfounded by the response would be an understatement. The article has been shared hundreds of times on LinkedIn, where it has also generated dozens of comments in addition to those contributed below the post itself.  I have received private messages, via phone, email, LinkedIn and Twitter, from all over the world.  I have endeavoured to respond to each and every one, even if it is only with a ‘thank you’, or a click of the ‘like’ icon, but the truth is that I have lost track.

So, firstly, a public ‘thank you’ to everyone, for your support, encouragement and thoughtful responses.

There is, however, one message that I have been receiving over and over again from IP lawyers and patent attorneys – particularly, but not exclusively, those working in the Australian profession – which is that my comments on the stresses of the job, the yoke of billable hours, the deadlines, the weight of bearing responsibility for protecting and preserving clients’ rights, and so forth, have resonated far and wide. As one correspondent wrote to me, I have (apparently) ‘generated quite a stir in the profession.’

If this is right, and if it is at all indicative of conditions across the profession, then I have only one reaction: WTF, people?!  Can it really be the case that dozens – if not hundreds – of people around Australia, and possibly thousands – if not tens of thousands – worldwide, are all suffering in silence in a job that breeds stress, anxiety and depression, largely through mechanisms that they themselves choose to perpetuate?  You would think that this might be something we would talk about, but apparently quite the opposite is the case.  More than one message I have received commented on the ongoing loss of collegiality in the profession as one cause of stress and disillusionment.  Sadly, having witnessed examples of aggressive professional behaviour first-hand, I can well believe this to be true.

Assuming this problem is real, I am not equipped to solve it, nor do I intend to try.  But before moving on to the topic adverted in the title of this article, there are just two things I want to say to all of the people who wrote to me about this issue, and the many more whom, I assume, have remained silent:
  1. please try to support and take care of each other – you are all in the same boat; and
  2. to anybody who needs help, please do not be afraid to seek it out, whether that be by talking to trusted colleagues, friends, family, or contacting any of the organisations that exist for this purpose (e.g., in Australia, beyondblue or Lifeline) – there is no shame in doing something that may make you happier and more productive, and possibly even save your relationships or your life.
OK, so having highlighted the need for some empathy and goodwill I can now move on to the main topic of this article – a person who apparently suffers from a deficit of both, Dr Roy Schestowitz.   Dr Schestowitz is a publisher, editor and author at the site techrights.org, where last week he chose to grossly misrepresent me and my article about my reasons for resigning in order serve his particularly strident form of anti-software-patent propaganda. 

01 October 2016

So I Quit My Job. Here’s Why.

ExitI quit my job at Watermark.  As of Friday, 7 October 2016, I will no longer be working as a patent attorney, at least for the immediately foreseeable future.  I have no new job to go to, and I genuinely have no idea what I am going to do next.  The first step will be to take a break, maybe do a little networking, and think about where I would like to go with my career. 

The decision to take this leap into the unknown has been surprisingly thrilling and liberating.  People keep telling me that I look like a weight has been lifted from my shoulders!  I recognise now that the main things that had been holding me back for some time were, firstly, concern for the clients I have worked with over many years (unquestionably a good reason) and, secondly, fear, particularly of the possible financial consequences (which I have come to realise was a pretty bad reason – indeed, little more than a poor excuse).

I have endeavoured to inform clients personally of my decision, and to assure them all that they remain in good hands with Watermark.  I joined Watermark when I entered the profession, and I stayed for nearly 14 years, which is far and away the longest I have worked for any one employer.  If I became good at my job, much of the credit must go to the many experienced, talented and supportive colleagues I worked with over the years.  That team is still there, and will continue to be there, for all of the firm’s clients, even as individual staff members come and go.

However, if you are a client who, for whatever reason, I have not contacted, and this is how you are finding out – I sincerely apologise!  It has just not been possible to contact personally every client I have worked with over the years and there will, inevitably, be some who will only discover that I am gone the next time (should there be one) they try to get in touch.

I am not off to work for another firm of patent and trade marks attorneys, nor do I have any plans to set up my own patent attorney practice.  For most practical purposes, therefore, I am ceasing work as a patent attorney, at least insofar as the title is conventionally applied to a provider of patent application drafting, filing, prosecution, challenging (e.g. opposition), validity, infringement and related services.  This is not to say that I will not maintain my Australian registration, or that I will never again engage in any of these tasks.  But... who knows?

So, why have I made this decision?

08 June 2015

Help the Homeless by Sending a Patent Attorney Out to Sleep Rough!

Would you like to see one of the leaders of the Australian patent attorney profession sleeping rough on one of the coldest nights of the year?
2015 CEO Sleepout
I hope you would, which is why I am asking Patentology readers to sponsor the efforts of Karen Sinclair, Principal and Chairman (her preferred title) of Watermark, in the upcoming Vinnies CEO Sleepout on Thursday 18 June 2015.



Funds raised through the Vinnies CEO Sleepout will go towards helping the more than 100,000 Australian men, women and children who are experiencing homelessness to find the warmth, safety and dignity that they desperately deserve.

Vinnies support people experiencing homelessness through a range of support services including crisis accommodation, domestic violence support, access to budget counselling, lifeskills courses and legal advice, as well as assisting in planning for change and their return to independent living.

It only takes a moment to make a difference and help contribute to breaking the cycle of homelessness.

Jason’s Story

I would like to share Jason’s story with you.

Jason had a troubled childhood, growing up with an abusive alcoholic father Jason was constantly walking on egg shells. He isolated himself from others, scared of what they might see.

06 June 2015

Five Years of Patentology, or, How I Learned to Love Marketing!

Fifth Birthday CakeToday is Patentology’s fifth anniversary.  It was on 6 June 2010 that I published the very first post on this blog.  It is fair to say that I had very little idea of what I was doing, or just how big a part of my professional and personal life blogging would become.  It simply seemed like a good idea at the time.

I may not have had much of an inkling about the ‘what’ or the ‘how big’, but at least I had some idea of why I was starting my own blog.  Put simply, it was because I hated marketing.  And when I say ‘marketing’, I mean the kind of things in which lawyers, patent attorneys, accountants and other professional service providers have traditionally engaged – activities such as attending ‘networking’ events, ‘researching’ prospective clients, hitting up existing clients for referrals or additional business, handling random enquiries in the vague hope that one of them will be the ‘next big thing’, and (most horrifying of all) cold-calling prospects.

In short, I just could not abide all of that ‘selling’ stuff.  So much do I despise it still, that I cannot help putting almost all of its key terminology in scare quotes.  I know that this is not how everybody feels.  We all know a few magically silver-tongued people who can small-talk like it is an Olympic sport, who love nothing more than getting out and pressing the flesh, and who seem shameless in asking for business, and fearless of the rejection that so often ensues. 

I suspect, however, that most of those people naturally gravitate to sales.  From experience, I would suggest that not too many are completing technical undergraduate degrees, going on to work in research labs, earning PhDs, doing a bit of technical R&D and commercialisation, and ultimately going on to yet more study in order to obtain a specialist law qualification and become a patent attorney.  The type of personality that is drawn to these kinds of experiences – my type of personality – is far more likely to enjoy an evening at home with a good book or a DVD than schmoozing the crowds at a conference dinner.  I have never taken a formal Myers Briggs personality assessment, but my guess is that it would tell me that I am INTJ.  (Whatever that is worth.  I am sceptical of such tools – which is just so typical of an INTJ personality!)

It is hard not to hate something you are not good at, and which goes against your very character and self-image.  So, if I could not bring myself to go to ‘marketing’, I would have a go at getting ‘marketing’ to come to me.  My strengths (as I see myself) are intelligence, knowledge/expertise, creativity and communication.  I love to share knowledge and to exchange ideas – it is small-talk and social conversation that I am not so great at.

In short, I started a blog.

04 May 2014

Patent Attorney to Sleep ‘Rough’ to Help the Homeless

Vinies CEO Sleepout LogoMany readers of this blog will know – or at least know of – Karen Sinclair.  Karen is one of my colleagues at Watermark – Intellectual Asset Management.  More importantly, for present purposes, she is a Principal and Chairman (her preferred title) of the firm.

Hopefully, many readers will also be familiar with the Vinnies CEO Sleepout.  This annual event is run by the St Vincent de Paul Society in order to raise awareness, and funds for Vinnies to support people experiencing homelessness as part of a larger Escape from Poverty campaign.

Through the CEO Sleepout, business leaders help to raise money towards achieving Vinnies’ goal, which is not just to service the homeless, but to bring about an end to homelessness.  As their website states, the discomfort of sleeping on the streets is a fragment of the larger reality that Vinnies hopes to impart upon influential leaders of the community.

On Thursday 19 June 2014 Karen is hoping (really!) to be spending the night outside, exposed to the elements, along with many other business leaders around Australia.  For those readers who may be unfamiliar with the climate here in Melbourne, Australia, the average overnight minimum temperature in June is 6.9 Celsius (44 F).  There is, statistically speaking, around a 7% chance that the temperature will drop below two degrees Celsius (36 F), and about a 50% chance that it will rain!

In order to get there, Karen needs to reach – and hopefully exceed – her fundraising target of A$5000.


Some of you will know Karen through her contributions to teaching aspiring members of the patent attorney profession over a number of years.  Others will know her through her involvement with the Licensing Executives Society (LES), where she is currently a vice-chair of the Asia Pacific Committee, and its local chapter LESANZ.  Still others will know Karen from her recently-concluded tenure on the Professional Standards Board for Patent and Trade Marks Attorneys.  Or perhaps you have worked with – or against – her on some IP-related matter.

In any event, if you do know Karen it is likely that you either want to do what you can to support her, or what you can to ensure that she spends a night out in the cold – or, possibly, both!  And even if you do not know Karen, Vinnies is a great cause.  Also, if you are an Australian taxpayer, all donations above A$2 are tax-deductible.

So, do what you can to send a patent attorney out to spend a night in the cold!

19 October 2013

Sponsor a Patent Attorney and Help Kids in Need

Port Phillip BayTomorrow (i.e. Sunday 20 October 2013) I am going for a bike ride.  That is not news in itself, since it is something I do most weekends.  However, tomorrow’s ride is a bit longer than usual – 250 km (that is about 155 miles in non-metric units, or nearly 1250 furlongs for those gearing up for the Spring Racing Carnival here in Melbourne).

The ride is around the local body of water, Port Phillip Bay.  The route I am taking is the really long one marked in magenta on the map to the right.  For readers unfamiliar with the geography around Melbourne, Port Phillip Bay is just like Sydney Harbour… only without the Opera House.  Or the bridge.  Or the picturesque views.  But it is about 35 times bigger than Sydney Harbour, with 260 km of coastline, which pretty much makes it perfect if your goal is to ride in a 250 km circle in one day.

The major sponsor is the health insurer Bupa, and the name of the event imaginatively combines the sponsor’s name with a fairly literal description – Bupa Around the Bay.  It used to be called ‘Around the Bay in a Day’ and, since there are now many courses, most of which do not go all the way around, I expect that one day it will simply be called the ‘Bupa Bay Ride’.

For those of you who may be concerned about my sanity, you need not fear.  I have done (and survived) this for the past four years, so I am definitely crazy!  You may also be relieved (as I am) to know that there is a break in the middle for lunch, and to catch a ferry across the mouth of the Bay, from Queenscliff on the western shore to Sorrento on the eastern side.  All going well, I will head off from Melbourne at 5.30am, reach Queenscliff before 11am, be on my way from Sorrento shortly after noon, and arrive at the finish before 4.30pm.

Now, here is the important bit: you can sponsor me to put myself through this arduous ordeal.  Better yet, if you are reading this after the event, but before 31 October 2013, you can sponsor me for already having put myself through the ordeal, confident in the knowledge that I did not back out at the last minute and renege on my side of the bargain.


Money raised by riders in the event goes to The Smith Family, which is a children's charity helping disadvantaged Australian children to get the most out of their education, so they can create better futures for themselves.  If this is not enough to persuade you of the worthiness of the cause, read on for the extended ‘hard sell’ version.

13 October 2013

The World of Science and Innovation is No Place for Discrimination

One WorldThis is, nominally, a blog about patents.  But I like to think that it is a bit more than that – I endeavour, when I can, to write about the role of patent law, practice and policy in a broader social context.  I believe strongly in the importance of discovery and innovation to the prosperity and improvement of individuals, communities, nations and humanity at large, and therefore that the ways in which we encourage and foster these activities are also vitally important.

The universe is full of mysteries, and the world of problems in need of solutions.  OK, so some of those problems – such as how to signal to the user of a touchscreen device that they have reached the end of a scrollable page – are of a decidedly ‘first world’ nature (though they are nonetheless important to the prosperity of innovative companies).  However there are other challenges – such as how best to bring the benefits of pharmaceutical innovations to populations in the developing world – which genuinely test the limits of our resolve to apply human ingenuity for the benefit of all.

It is, I believe, self-evident that the more people we have involved in the entire process of innovation – in basic research, in development, in commercialisation, in policy-making, and so forth – the more progress will be made.  It is, therefore, utterly unacceptable for anybody to be excluded from the endeavour, or discriminated against, on the basis of gender, skin colour, age, sexuality, or any other irrelevant consideration.  This is, of course, equally true in all fields of human endeavour, but I think we are entitled to expect that those built on a rational scientific foundation, and populated substantially by the privileged and highly-educated, should be leading the way in this regard.

Which is why I count myself among the large number of people who have been rightly outraged by the treatment of Scientific American blogger DNLee in recent days.  Indeed, she experienced two successive acts of discrimination: firstly by some low-life blog editor at Biology-Online.org, who called her a ‘whore’ because she had the temerity to say ‘no’ to providing them with free content; and then again by Scientific American itself, which removed her post reporting on the incident on the spurious basis that Scientific American ‘is a publication for discovering science’ and that ‘the post was not appropriate for this area’.

05 June 2013

This Blogger Named Among IP’s ‘Strategic Elite’!

IAM 300I am very proud – and more than a little humbled – to have been included among the IAM Strategy 300: The World’s Leading IP Strategists, which was released on Monday this week.  This annual guide is produced by Intellectual Asset Management Magazine (www.iam-magazine.com), a publication of the London-based IP Media Group Ltd.

I am also very pleased to be joined on the list by my Watermark colleague Marnie Williams.  Between us, we make up 40% of the total Australian contingent in this year’s IAM Strategy 300.  This is, I believe, a testimony to the particular focus of Watermark, in recent years, on the management of IP as a strategic business asset of vital importance to many companies.  As the introduction to the 2013 edition of IAM Strategy 300 states:

…the roles that IP strategists of whatever sort have to play are becoming ever more demanding. From creation, protection and management through valuation and monetisation to financing – with a whole lot more in between – the demand for top-flight advice on IP strategy has never been greater.

Now, I am not sure exactly what I have done to deserve being listed among such exalted company.  What is most gratifying about making this list, however, is that the research process involved feedback from clients, and other people familiar with the strategists’ work.  So, whether or not I am really worthy of inclusion in a list of the top 300 IP strategists in the entire world, it is clear that I am doing something right for those who know my work to have nominated and/or endorsed me!  Thank you all, whoever you are.

01 June 2013

Updating the CCH Patents Commentary

MicrophoneRegular readers may have noticed a reduction in the rate of new posts on this blog in recent weeks.  Whereas I have generally aimed for three articles per week in the past, lately I have been happy enough just to publish two.

There is a reason for this.  And it is not laziness, or a loss of enthusiasm for Patentology!  It is because I have been ‘moonlighting’.  I have another writing project that has been taking up a lot of my time.

A few months ago I was contacted by the Law & Business Editor at CCH Australia.  For those who may be unfamiliar with CCH, its web site will inform you that:

For over 45 years, CCH has been building a solid reputation in accurate and timely resources by assisting Australian professionals to establish and maintain their practices and businesses. Our clients in the accounting & financial planning, employment & safety, and legal and business communities rely on CCH information to help them advise their clients, run their businesses and manage their obligations.

One of CCH’s products for the legal community is its Australian Industrial and Intellectual Property ‘loose-leaf’ service (which is also available as an online service).  Among other content, this service provides full text legislation and detailed commentary on copyright, designs, patents and trade marks.

With the Raising the Bar reforms coming into effect, CCH asked me if I would be interested in updating its Patents Commentary.  To cut a long story short, I did some quick lobbying around the office at Watermark, a little negotiating with CCH (and I have to say that everyone, on both sides, was really good about it) and ended up saying an enthusiastic ‘yes’!

07 October 2012

Dangerous Opinions

Opinions AheadA couple of weeks ago I received a call from a person – let’s just call them ‘X’ – who is involved, in a professional capacity, in one of the Australian Federal Court matters about which I have written over recent months.

To be clear, X was perfectly courteous, and the conversation that we had was not at all inappropriate.  While I do not know X personally, they are well-known and highly-regarded within the Australian IP professions as a person of the highest integrity.  X did not pressure me to change anything I had written, but simply wanted to provide some additional background information so that I would have the opportunity to ensure that my reporting was as factually accurate as possible.

It seems, additionally, that some concerns had been raised about what X’s clients might infer if they were to read my articles on the case.

With all due respect to those involved in the case (and I mean that sincerely, not in the disingenuous way the phrase is sometimes used in legal argument), what I would hope anybody reading any of my articles would infer is that they are written by a patent attorney who is not – unless expressly disclosed – privy to any inside information regarding the matters under discussion, and that they provide commentary comprising a mix of facts and personal opinions.  I credit the readers of the Patentology blog with intelligence (an assumption generally supported by the quality of comments and other feedback I receive), and I would hope that X’s clients, like any other reader, would have the reading comprehension skills necessary to distinguish between fact and opinion.

However, there are undoubtedly dangers in expressing opinions online, particularly when those opinions relate to legal proceedings and might reflect on matters such as the correctness of a judge’s decision, or the effectiveness of a legal team’s strategy.  There is sometimes a fine line between writing commentary which may provide some insight into a matter for readers who are not experts in the area, and writing something which might be perceived as prejudicial or defamatory.

It might therefore be useful to set down a few of my thoughts on these issues, and suggest some of my preferred options for people who disagree with me, who think I have got something wrong, or who feel aggrieved by something I have written.

06 April 2012

Why My Hot Cross Bun Recipe Is Not Patentable

Glazed bunsI am sometimes asked – as I am sure most patent attorneys are – whether it is possible to patent a recipe.  This provides a sufficient connection to the subject matter of this blog to allow me, as a special ‘Easter report’, to post my recipe for hot cross buns, which is surely not patentable.  But first, for those who are actually interested, I shall explain how recipes are treated under the patent laws.

To put it simply, the answer to the question above is, in the vast majority of cases, ‘no’.

Gene Quinn over at his IP Watchdog blog wrote a nice piece on this topic back in February, explaining why most recipes are not patentable in the US (see The Law of Recipes: Are Recipes Patentable?).  In that country, the primary barrier to patenting of recipes is obviousness, i.e. lack of inventive step

While a new recipe for baking a cake, or making a cocktail, might be technically ‘new’ (i.e. pass the novelty test) because the particular combination and/or quantities of ingredients have never before been published, it will almost certainly be a variation on one or more existing recipes.  Under the US law of obviousness, you cannot invent something patentable just by trying various different combinations of known elements in a recipe until you have something that you swear is better than mum’s (or mom’s) version!

22 January 2012

Interwebs, Save Your Anger for Kim Dotcom

Dotcom Mansion.  Source: Google MapsFor the second week running, I find myself feeling compelled to stray from the core subject matter of this blog to express a personal view outside my area of professional expertise.

It seems likely that anyone who is interested in intellectual property and the internet would be familiar with the events which took place last Thursday just outside Auckland, New Zealand, involving a dramatic raid on ‘Dotcom Mansion’ (pictured), the arrest of Megaupload founder Kim Dotcom (nee Schmitz), and the seizure of various allegedly ill-gotten gains, including guns, millions of dollars in cash, and luxury cars worth around US$5 million.  If not, there is plenty of coverage to help you get up to speed, such as New Zealand Arrests Over Megaupload Shutdown and Kim Dotcom: Megaupload Founder Arrested In New Zealand from the Huffington Post.

Predictably, there has been a huge outcry from opponents of internet censorship, blaming everyone from the Hollywood movie studios, to an overzealous US Department of Justice, the US government, the FBI, the New Zealand authorities, and anyone else with a vested interest in not having their copyright works ripped off and distributed for free throughout the internet.

But if all of this ends badly for freedom on the internet – and it is entirely possible that, one way or another, it will – in my opinion the blame should be laid squarely at the feet of those actually responsible for the current situation, i.e. Kim Dotcom and his fellow principals at Megaupload.

14 January 2012

UK Court Allows Extradition of Alleged Copyright Criminal

Domain Seizure NoticeThis is one of the rare postings in which I slip a little off-topic (and into the first person) to write about something which is outside my area of legal expertise, but nonetheless of particular personal interest.

You may have been following the news – or, at least, trying to, considering the poor quality of some of the coverage – about 23 year-old UK citizen Richard O’Dwyer, who is studying ‘games software development and interactive media’ at Sheffield Hallam University.  He is also accused – with others – of operating a website, firstly from TVShack.net, and subsequently from TVShack.cc, which aggregated links to third party websites from which copyrighted first-run and other movies and television programs could be downloaded or streamed.  It is not alleged that TVShack actually hosted any pirated content itself, however O’Dwyer appears to have admitted to earning approximately £15,000 per month from advertising on the site.

TVShack.net was one of the sites closed down when US Immigration and Customs officials ‘seized’ the offending domain names in June 2010 (the US Attorney’s media release is still available, in PDF format).  If you attempt to access the site now, you will first be presented with the notice that heads this article, and then be redirected to this guilt-inducing YouTube video explaining the human consequences of piracy.  The US authorities have since been tenaciously pursuing those said to be behind the seized domains.  O’Dwyer has become the most high-profile target in recent days, as a result of an application by the US government for him to be extradited from the UK to face charges of copyright infringement in the United States.  If he is extradited, and ultimately found guilty, he faces a sentence of up to ten years in a US Federal penitentiary, of which he would necessarily serve at least 85% under US ‘non-parole’ laws.

And things are not looking good for O’Dwyer, with District Judge Purdy in the Westminster Magistrates’ Court, issuing a ruling on 13 January 2012 finding no barrier to grant of the US Request for extradition.  (Decision: The Government of the United States of America v Richard O’Dwyer – PDF).

08 October 2011

Vale Steve Jobs, But Your Influence Will Live On

steve-jobsSteve Jobs – who, as the whole world knows, passed away last week – was a prolific and successful innovator.  The New York Times has identified 317 US patents on which he is named as an inventor, which is in itself enough to justify an article on this blog!

There is, however, nothing that can be said about the man, or his achievements, that has not already been said – and said better – elsewhere.  The only unique angle that Patentology can offer, by way of tribute, is a personal perspective.  Hopefully this will strike a chord with others (particularly those of a certain age), and prompt a few thoughts about the impact that Steve Jobs, and his creations, have had in your own life.

HOW STEVE JOBS CHANGED MY WORLD

Although I have never personally owned even a single Apple product, the passing of Steve Jobs at the age of 56 (not much more than a decade older than I am) has given me pause to think about the influence that his innovations have had in my life.  The fact is that I can barely remember a time when there were no Apple products around me.  While I cannot know what the world would have been like without Steve Jobs, I can be sure that it would have been, for me at least, a different place.

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