Sunday, November 20, 2005

Standards organization calls HP's bluff

Blu-Ray decided not to incorporate one of the technologies that Hewlett-Packard has said is necessary in the standard. HP was surprised, and may now support the dueling standards. The standards saga continues.

Wednesday, November 16, 2005

Digital resource

Check out this blog . . . http://www.paidcontent.org/

Internet site ads rising

While other forms of advertising are slumping, internet ad space prices are rising, as supply is limited. Given the infiniteness of the Internet, (well, not truly infinite, but lots and lots of space) it is surprising that there is a supply issue. Someone will figure out how to find new ways to advertise. .

PatentCommons.org

Check out PatentCommons.org for "free" and "open" patents. There is a guide to the Commons, and a legend about the commitments made by the patent owners. Interesting. . .must read more. . .

Tuesday, November 15, 2005

Orphan drugs not so orphan?

Interesting article in today's Wall Street Journal on how companies who have drugs which achieve FDA "orphan status" can then charge whatever they would like for at least the 7 years, but potentially longer. Because "biotech" created "generic" drugs can't really exist (at least that is what the big biotechs say), the monopoly granted by the orphan status may continue. So a humanitarian effort has turned into a mechanism to give companies ready, exclusive access to a known population. Now it's great that these drugs exist, no question. Now let's look at the rest of the problem.

Saturday, November 12, 2005

Yoga is traditional knowledge

India is putting yoga positions in a prior art database to encourage foreign patent offices not to grant patents on these positions. It would be great to see a traditional knowledge database. . .very useful for everyone, but difficult to create broad criteria for inclusion.

Perhaps we can solve one drug problem

The Wall Street Journal article on how to incentivize drug companies to look for solutions to new public health problems (avian flu, terrorist-leaked items) focuses still on problems which impact the entire US population. Foreign populations, and niche conditions are ignored. UC Berkeley's socially responsible licensing program provides incentives for companies (or other organizations) to create and deliver drugs to less - developed nations, and the NIH has started at least one program to try to get niche disease/condition drugs developed. But we need a broader solution.

Open Invention Network

IBM, Philips, Sony & others have formed a separate company to acquire patents which may block Linux. If you join the commons, then you will not be sued. By joining the commons, you agree not to assert your patents. If you don't join the commons, all bets are off. This way, companies who opt in will enjoy the benefit. This is becoming a more common mechanism to pool standards and effort.

While I like how this mechanism involves all those who are interested/involved in the area, it has some things to watch for. What is the nature of the license this new organization has to the patents "necessary" for Linux? Determining what is a necessary part of Linux, and what part is not, may be interesting. What about add-ons for Linux? If the license is for anything that touches Linux (not just the necessary parts) what is the incentive to join? You may get sued for Linux, but if you make enough money on the other parts of the patent, does it matter?

Watch & see. Perhaps this mechanism, once better known, can be used more broadly.

Federal government protects itself in the Blackberry case

The government has submitted a brief in support of the government's continued use of the Blackberry devices ubiqutious in the federal government. Stop others' use of the technology, if you must, they say, but don't stop ours. Will we see an argument such that companies who serve immune bodies also have immunity? This debate, continued appeal after appeal, seems ripe for an agreement between the parties -- there seems to be quite a bit of business. I'm thinking of buying a SmartPhone - style device myself, but reluctant to do so until the dust settles. Settle, settle!

Chalk one up for the consumers

Sony drops their copy protection measures on their CDs, saying that the technology causes more harm than benefit. Consumers have been at risk for viruses and damage to their computers. Even the Homeland Security department warned about this software. Where is the IP Czar on this?

Thursday, November 10, 2005

Patent for antigravity

Ok, I've been travelling a bit, so the blog has been quiet. But here I'm back with a great one. The US PTO has broken what many considered the law by granting a patent for an antigravity device. It breaks the fundamental scientific laws, but yet now Boris Volfson has the right to stop others from practicing his methods. What is next? And what does this mean for the credibility of the patent system? Makes one wonder -- should we get patents now on theoretical things because one day, we might be able to break gravity? And if it's within 20 years, we'll have the right to stop others? Find me a patent attorney.