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   RE: [xml-dev] Applying XML to Improve Patent Processes (WAS RE: [xml-dev

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  • To: 'John Cowan' <jcowan@reutershealth.com>
  • Subject: RE: [xml-dev] Applying XML to Improve Patent Processes (WAS RE: [xml-dev] A sta ndard approach to glueing together reusable X ML fragments in prose?)
  • From: "Bullard, Claude L (Len)" <clbullar@ingr.com>
  • Date: Fri, 22 Aug 2003 12:44:55 -0500
  • Cc: xml-dev@lists.xml.org

My guess is that from their point of view, the filers are the public. 
How could that work any other way?   They are there to serve policy, 
not set it.  The quarrel may be with the policy makers not the agency 
designated to implement it.

Do the patent treaties need revision?  Heck yes.  Bruce says that 
those who should are working that issue.   Slow though it may be, 
the right way to influence that is through your local congressional 
representatives by lobbying.   Who lobbies for IP reform?  The 
large IP holders of course (say Disney).  Who lobbies for the user 
or non-IP holder?  That is what one should look into.  The EFF is 

To help them along, the local representatives of the legal 
authorities have to be made aware that the IP fights breaking out 
will fracture the industry, lead to suboptimal even if affordable 
or free systems, and that is their job to work as the public representatives

to change the laws to recognize the changed environment.  One means, 
even if Draconian, is to extend concepts of emminent domain to the 
essential facilities of the public systems.  How far can that go? 
Ideally, royalty free standards.  At what cost?  The standards 
organizations will be made to more precise, more constrained, but 
better focused standards and not just any organization will be 
empowered to do it.

Likely soon?  Probably not.  I think we as a community will 
have to mature more to finally understand the problem and 
how it can be solved without undue overturning of property 
rights yet with attention to the public needs.  Hard problem.


-----Original Message-----
From: John Cowan [mailto:jcowan@reutershealth.com]

Bullard, Claude L (Len) scripsit:

> Thank you, Bruce.  In the years since the topics of IP and 
> patents first appeared on this list, yours is the first positive 
> and informed response that enables us to understand what 
> steps are being taken to apply technologies of interest 
> to the list members, and to improve the patent processes 
> across national boundaries.   Quite often the responses 
> have been to place all blame on one nation, or to fault 
> the patent process in its most general case by claiming 
> that patents are obsolete and should be done away with. 

As long as the USPTO believes that its purpose is to serve patent
filers rather than the public, it is unlikely that technological
fixes will do anything about the current problem.

Real FORTRAN programmers can program FORTRAN    John Cowan
in any language.  --Allen Brown                 jcowan@reutershealth.com


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