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September 7, 2012

Digital Copyright Canada
digitalcopyright
Digital Copyright Canada
» Should first to file vs invent matter in a well managed patent system?

This is a discussion that has bothered me for a long time.  There are debates and studies which try to suggest that one or another of "first to file" (FTF) or "first to invent" (FTI) is better for one or another type of inventor (small inventors, etc).

A recent article in IP Osgoode demonstrates the problem.  In referencing a study the article suggests, "The study finds that the shift to FTF resulted in a reduction in the number of patents granted to individual Canadian inventors and small businesses".  This is a study based on the Canadian experience having made the switch to FTF in 1989, with the USA switch coming into force in 2013.

The assumption of the article, and most of the debaters, is that if some patents are good, more are better.   The fact that the number of patents granted went down after a change should not be presumed to be a bad thing, when in fact patents not being granted may just as easily be a good thing for innovation.

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» Circuit Design Research Contest from Patexia

I received the following note about a contest from Patexia to find prior art on a specific patent. Given the critical problem of patent quality, where innovations that are low in utility, novelty and/or unobviousness are granted a patent statutory monopoly by governments, tools to invalidate poor quality patents are an important part of the solution.

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August 14, 2012

Digital Copyright Canada
digitalcopyright
Digital Copyright Canada
» Statutory knowledge monopolies and supply management

Two forms of government manipulation of the marketplace have become the most controversial aspects of the Trans-Pacific Partnership (TPP) for Canadians: supply management and statutory knowledge monopolies. Each are government interventions in the marketplace between producers and consumers, each have a stated public policy purpose, and each are controversial.

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August 26, 2010

Digital Copyright Canada
digitalcopyright
Digital Copyright Canada
» New Prior Art Proves Eight Abbott Laboratories Patents on Ritonavir are Undeserved

While it would be better if patent offices did proper examinations and rejected all but the inventions most deserving of this intrusive government granted monopoly, it is great that public interest groups like the Public Patent Foundation ("PUBPAT") exist.

New York, NY -- August 26, 2010 -- The Public Patent Foundation (PUBPAT) announced today that it has formally asked the United States Patent and Trademark Office to reexamine eight patents held by Abbott Laboratories (NYSE: ABT) relating to the critical HIV/AIDS drug ritonavir, which is marketed by the Chicago, Illinois pharmaceutical giant under the name brand Norvir.

(Read full press release)

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