Re: [Patents] technology definition amendments

[Russell McOrmond <russell@flora.ca>]

On Thu, 3 Jul 2003, Bernhard Kaindl wrote:

> This way also the patent offices have to take care what they
> grant because of the losses they would have from the penalty
> which they have to pay if the court finds that the office has
> done a mistake.

  In Canada, the patent office (CIPO
http://strategis.ic.gc.ca/sc_mrksv/cipo/ ;) is largely paid for out of
general tax revenue.  It is not operating under a full cost recovery
system with patent fees.  If we were running a full 'property tax'-like
system where the patent office was paid for (plus some general revenue) by
patent fees, then I would agree with this approach of rewarding
third-parties who essentially do the job of patent examiners by causing
the nullification of patents.

  There are various fees for examination, maintenance, etc, in Canada, but
I have been told that the fees do not pay for the operations of the
office.  http://strategis.gc.ca/sc_mrksv/cipo/patents/pt_fee-e.html

  The primary problem I'm told with a cost recovery system is that this
causes the patent offices to even more incorrectly identify who their
'clients' are. The purpose of an examiner is to find a legitimate reason
to deny a patent, making the 'client' everyone but the filer of the patent
application.  Far too many believe that their 'clients' are those with
patents, rather than the public as a whole.

  There is a built-in assumption with the current fee system that the
patent system is working, and that it adequately provides benefit to
everyone.  If only this were true.  It would be appropriate if countries
would do adequate economic studies to look at the question, rather than
continue working under their current questionable assumptions.

---
 Russell McOrmond, Internet Consultant: <http://www.flora.ca/> 
 Governance software that controls ICT, automates government policy, or
 electronically counts votes, shouldn't be bought any more than 
 politicians should be bought.  -- http://www.flora.ca/russell/