[wordup] new patent on the wheel?

[Adam Shand]

while funny and sad, note that this isn't really a patent, it's an "aussie
idea patent".

From: Cory <daddymac at doughnut.net>
URL:  http://www.theage.com.au/news/state/2001/07/02/FFX0ADFPLOC.html
Via:  http://slashdot.org/article.pl?sid=01/07/02/1136246&mode=flat

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".

... more at web site ...