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Thursday, September 30, 2010

Who Stole IP Rights in a Pencil Eraser? Not Faber-Castell


It has to be one of the oddest comments that I have encountered in quite a while. The setting is the September 18th issue of The Economist. In the Business section, the magazine presented the kind of article for which it is rightfully reknown. Entitled "The Future of the Pencil" the article recounts the multi-generation saga of Faber-Castell, a German company located near Nuremberg that has been making pencils since 1761. They have done so with such success that the company is described as the world's largest branded pencil manufacturer.

This is no small feat. After all, a pencil is not a pen, and the market seems to be predominently school-age youngsters (although Otto von Bismark and Vincent van Gogh are also mentioned). As such, the company has to convince parents to opt for a branded pencil, when presumably unbranded options (perhaps at a lower price) are available. From the IP perspective, this saga of success spanning four centuries should be equal parts of trademarks and know-how. Sadly, however, the trademark issue is totally ignored in the article. I don't for how long the company has used the epopymous name as the mark for its products. But I have to guess that it reaches back to the 19th century. If this is true, there is a great story here about the longevity and continuing flourishing of this venerable brand.

Instead, the article focuses entirely on the innovative activities of the company. Thus, in 1839, the great grandson of the founder came up with the hexagonal pencil, whose principal virtue is that it effectively prevented the pencil from rolling off the table. Later on, they worked on making more firmer leads and identifying the types of woods that are less likely to break when the pencil is dropped. In more modern times, the company has come up with three major innovations: First, it began use of water-based, environmentally friendly paints. Second, it developed an ergonomic triangular shape that has been well-received by children (presumably they also teach the children the meaning of the term). Third, they added so-called rubbery dots to prevent the pencils from slipping out of the sweaty hands of the children.

All of this seems jolly good, so where is the problem? I quote from the article:
"Faber-Castell's second big innovation was stolen. In 1875 America's Supreme Court ruled that Faber was entitled to put rubber erasers onto the back of its pencils, although another inventor had already patented the idea. The court felt that the idea was too obvious to patent."

What did The Economist mean by "stolen"? I mean, in today's world, the bad guys, at least under one view of things, are the patent trolls, who are accused of seeking to enforce a patent solely for the purposed of extracting "unfair" rents from unsuspecting users of the patented invention. No one would go so far as to say that patent trolls are "stealing" from the third parties who agree to pay the troll a sum to settle. Be that as it may, the pejorative context of the patent troll is exactly the opposite from the Faber situation in the 1870's. All that Faber apparently did was defend itself from an infringement claim by alleging that the patent was invalid. If that is theft, then virtually every defendant in a patent litigation action is candidate to be of a "thief", if it succeeds in invalidating the patent at issue.

I actually looked up the judgment in question, Reckendorfer v. Faber, 92 u.s. 347 (1875). Interestingly, the patentee argued that the court did not have the authority to review a decision by the Patent Commisisoner to accept an invention for patent registration. That argument was rejected, but it seems that if there was any incorporeal larceny going on, it was the attempt by the patentee to prevent the court from reinstating in the public domain an exclusive right that never should have been granted in the first place. If there was any opprobrium to be heaped on the parties in that case, it should have been on the patentee and not on Faber.

I wonder what The Economist intended by its use of the word "stolen". Did it want to intimate that even in the 19th century, corporate America (or corporate Germany) was taking advantage of the legal system to deprive private inventors of their intellectual property rights? If so, how odd. As well, one has to wonder a bit about the nature of the understanding about the patent system that is found in this most august of weekly news magazines.

It's EP divisional crunch time

laden ladenfam should not need to be reminding his patent attorney readers about this, but tomorrow 1 October 2010 is the final day in many cases for filing divisional applications at the EPO (see laden ladenfam's previous post here for a good starting point), as a result of the EPO Administrative Council decision CA/D 2/09.

Even though applicants and attorneys have had over a year to prepare, there will inevitably be something of a last minute rush to make sure all those divisionals that might be needed are on file by midnight tomorrow.  Will the EPO's fax machines and online system manage to cope with the load?

laden ladenfam knows that many hard-working people both at the EPO and within patent attorney firms will be struggling at the moment to cope with the excessive load of applications, and would like to express his sympathy for all those adversely affected.  He would be interested to hear any stories of how things are going (or not, as the case may be).  If you have the time, please chip in using the weblog's comment facility (anonymously, if necessary).

As a final tip, according to the Notice of the President dated 12 July 2007 (Special Edition No. 3, OJ EPO 2007), applications can be filed at the EPO's offices in Munich, The Hague or Berlin, in particular at the following fax numbers:

Munich
+49 (0)89 2399-4465
The Hague
+31 (0)70 340-3016
Berlin
+49 (0)30 25901-840

Other things to do in Munich on 1 October here.

1 October 2010 Update: Thanks to a comment, laden ladenfam has been pointed to this notice from the EPO, which states:
"The European Patent Office (EPO) has been informed of an email containing a hoax announcement purporting to be from the EPO in which the public is given the impression that the Office's fax and online filing services will not be available from 30 September 2010 to 6 am on 4 October 2010, due to maintenance and updating of the Office's telecommunication facilities.

The European Patent Office informs all concerned that this notice is completely false and that all electronic filing facilities at the European Patent Office (online and fax) are fully available.

The Office reserves the right to take legal steps against the person(s) who disseminated this false information.
"
laden ladenfam, who has not had sight of this email, is intrigued. Can anyone shed any further light?

I MADE IT TO MEDICARE



STARTING OCTOBER 1ST I WILL NO LONGER FEAR LOSING EVERYTHING I OWN TO PAY FOR MEDICAL EXPENSES




I never thought that day would come…My birthday is October 25th but I begin to be covered on October 1st. All of this time I have lived the agony that millions of Americans face each day…to be without health insurance and face a catastrophic illness.

And yet, The Republicans are saying that Medicare and Social Security are not sustainable, that they are costing too much and are a drain on the nation’s budget. Of course they don’t say that two stupid, unnecessary wars that cost our country lives and treasure are a drain 100 times larger…no, they will not admit to that nor will they admit that they lied to America to get us into those wars.

If Republicans had their way…and listening to them will give you a clue; they will SHUT DOWN the government if they win a majority in Congress…and they will push to PRIVATIZE SOCIAL SECURITY. No, thank you, leave those alone…we all saw how our pensions and 401Ks were decimated in this last economic free for all…I had both of them lost and now I depend on SOCIAL SECURITY only to survive. This, from a person who worked hard all of his life, didn’t squander a penny, saved to secure my retirement and some Wall Street asshole now has that money…because the money was there.



If they succeed in ending Medicare we are going to see a lot of seniors dropping off like flies. Ailments that could be controlled will take lives and those that could be prevented or treated will kill millions…even such simple sickness as a common cold or an ingrown toe nail. That is the prevailing ideology of Republicans…leave everything to the free enterprise system and it will take care of itself…of course, they also insist in running a welfare program for the very rich.

Yes, the Republicans begrudge a few billion dollars our country spends on safety nets like Social Security, Medicare and Unemployment Benefits while they squander our young men and women's lives and our treasure in unnecessary wars and those cost trillions.


I am afraid that the CLASS WARFARE has been going on for quite some time now and the top richest segment of our country has defeated the other 98% of Americans. TRICKLE DOWN ECONOMICS didn’t work then and it will not work now.

West Sumatra earthquake one year on.







The main hotel that collapsed. It was a six story building compressed into one and a bit stories. Photo: Bob McKerrow








Virtually to the minute one year ago, on 30 September 2009, two major earthquakes struck West Sumatra in Indonesia, killing more than 1,400 people and damaging 250,000 homes. More than 4,000 people were displaced from their homes and the Red Cross provided emergency relief to over 345,000 people until December 2009. Working closely with the Indonesian Red Cross and other Red Cross partners, the IFRC has been actively engaged in reconstruction efforts and 12,745 transitional shelters have currently been completed across four of the worst-affected districts. A beneficiary communication programme supported the overall recovery effort. Regular programmes produced by the Indonesian Red Cross and broadcast on community radio and local TV helped communities to have a much clearer understanding of the programme and gave them the opportunity to be heard.



The haunting memories I have are the hundreds of people crushed to death in a six-storied hotel that collapsed to only one floor, Ramlan who cut of his leg to free himself, Colin Tuck the New Zealand helicopter pilot who helped us with the major survey, and countless Red Cross volunteers who rescued people, disposed of dead bodies with dignity, and counselled traumatised children. Here are a few photos and words:



Amid falling debris and trembling constructions as well as screams for help of thousands outside, a young man inside a building groaned with pain as the teeth of a saw sliced inch by inch his leg.



While dying of being trapped, Ramlan (18) was forced to saw off his own leg stuck under a piece of six-ton concrete rubble. He risked sawing his own leg to escape the greater peril of a 7.9 magnitude earthquake that devastated Padang city in Sumatra.
Losing his right leg from knee down had never crossed Ramlan`s mind when he left West Java`s Purwakarta a month earlier to eke out a living by working as a construction laborer in West Sumatra.
In his mind, jobs are hard to find nowadays. Working in a construction renovation project in Padang city, provincial capital of West Sumatra, was an inevitable choice for him to make both end meet. But fate tells him a different story. There, a quake `robbed` him of his right leg.


He was still lucky indeed for over 800 were killed by the earthquake. Unofficial estimates put the death toll at thousands as many could not be lifted out of the remains of collapsed buildings.


When the earthquake struck at 5.16 pm on September 30, 2009, Ramlan was working on the sixth floor of a Telkom building which was undergoing a renovation, in Jalan Khatib Sulaeman, Padang city.


Ramlan and his co-workers had no unusual feelings at all at that time. They were busy working in the renovation project. As the sun was slowly approaching the horizon while their tired faces had begun tenderly feeling a puff of evening zephyr, the earth trembled all of a sudden, palm trees gyrated, electric poles danced, buildings rocked and collapsed.


In the first trembler, people on the first floor of the Telkom building panicked and rushed out of the building. Within seconds, another strong tremor rocked the earth that was felt in all parts of the city. Cars in the parking lot swayed back and forth.


Ramlan and friends were in an unlucky storey on the sixth floor. A collapsed piece of concrete rubble almost buried Ramlan alive, but still, the piece, weighing about six tons and measuring 4x4 sq m, squeezed his right leg. He was stuck there, while his friends succeeded in running down the stairs.


"As I felt the second tremor, I tried to pull out but I can`t as my right leg was stuck under the rubble," Ramlan told RCTI television station on his bed in a hospital on Sunday.
What he had in mind was how to escape from the building and to survive the second tremor. But how, his leg was squeezed under the rubble. He looked around where he found a sand scoop and a hoe. The heroic young laborer reached them and decided to cut his leg off with the scoop.


Crying in pain under the rubble alone --as every body outside the building and everywhere in the city was also busy safeguarding him or herself--, Ramlan was trying to slice his leg with the scoop. It was too blunt. It did not work. Fresh blood continued to ooze out of his injured and crushed tiny leg. He took the hoe and chopped it up. He felt he was being stabbed with pain from head to toe. Still, he failed.


After half-an hour in the struggle, he found his cellular phone. "With the hoe I still can`t cut my leg. Then I found my cellular phone, I called my co-workers for help," he said.


His friends came up a moment later to help. They tried to lift the rubble. The heavy concrete slab even could not be shaken, let alone be removed. Amid their confusion, Ramlan asked for a saw and told them to saw his leg. But none of his friends was able to perform the job.


"I have no choice so that I did it myself. I felt some how a regret in my heart to cut my leg, but I have no other choice," he told Ruanghati.com online portal over the weekend.


While groaning in pain, Ramlan continued to saw his leg. The teeth of the saw sliced it inch by inch until he almost fell unconscious. Fresh blood rolled down on the floor. The ill-fated construction worker was unable to continue. Herman, one of his friends, forced himself to take over the job.


"I was surprised and sad to see him bathe in blood," Herman told VivaNews.com. He decided to accomplish the job as he could not stand to see Ramlan scream in pain. Ramlan`s request for Herman to cut off his leg forced him to act speedily.


"If we stay longer not to act, I am afraid Ramlan would lose his blood too much which could threaten his life," Herman said. After cutting off his leg, Herman carried poor Ramlan on his back and rushed him to the Selasih Hospital about 500 meters away from the Telkom building.


At the hospital, Ramlan did not immediately received medical treatment because the hospital was also heavily damaged by the earthquake, which also smashed hundred thousands of other buildings, including Ambacang hotel where hundreds of people were buried alive.


In the emergency condition, a doctor of the hospital gave Ramlan a first help. The wound on the tip of his cut-off leg was bandaged to avoid infection. He was admitted to the Dr M Djamil hospital before he was finally sent to the Yos Sudarso hospital for a proper medical treatment.


Now, Ramlan`s condition is gradually improving. But he was still traumatized with the nightmare when he remembered he sawed his own leg. Although he is now permanently invalid, he did not regret the event. He is resigned to his fate.






"What I want now is an artificial leg and to return home to met my mother immediately," he said.













The damage in Chinatown, Padang.











A Swiss rescue worker at the airport with his dog awaiting deployment.






A whole village wiped out by a mudslide, triggered by the earthquake.





















Many house in the mountainous area collapsed totally.






Bob McKerrow left, and Colin Tuck ( from Fox Gkacier NZ)our daring Kiwi helicopter pilot. Thanks to Tucky working closeby, we were able to start on aerial assessment within 15 hours, identify people dying because of crush injurues, and fly in doctors.






The closer you get to the earthquake's epicentre the worse the damage gets.

First the road becomes blocked to vehicles. Then even motorbikes cannot get through, and soon you can only walk and clamber over the landslides to reach the communities perhaps hardest hit by this disaster.

Homes were just swallowed up here as the quake shook the land from the hillsides, tearing down everything, destroying houses and crushing hundreds of people below tonnes of earth.

The size of the landslides are astonishing - massive tears in the jungle where soil and trees have been ripped from the slopes and dumped into the valleys.


Dawianis Ardo is digging. Others are helping him - smashing concrete beams with the back of an axe, pulling at debris with wire cable and shifting bucket-loads of soil from the hole.

The patch of earth, trees and concrete is what is left of three homes. One was empty, but the two crushed into each other and buried with earth from the mountain which slipped off into the valley were not.

Inside were nine adults and seven children - some of them playing marbles just outside the house when the earthquake struck.

"We found two bodies yesterday - they had been crushed to death - we expect to find the other 14 bodies today," he said.

They were his cousins.

"If we don't find them today I will dig for another five days - that will be a week - and then I will leave them to God."

Crushed to death

A path has been trodden across the face of the landslide where the road used to be and people were carefully making their way across.

I just sat here and prayed

Zaimar
Earthquake survivor

The situation just worsened further along the track - more houses flattened, more landslides scarring the hillside and wider cracks in the road.

Zaimar sat outside her collapsed home as the men dug at the crushed wooden beams to big out their food supplies and possessions.

She described what it was like when the quake hit, kneeling down and showing us how she sat to stop herself falling as the shockwave threw everything and everybody around.

She began to cry - to sob - as she remembered those terrifying moments when she was convinced the world was going to end.

"I just sat here and prayed," she said, still crying uncontrollably.

Her family were all unhurt, but the shock has affected her deeply and her neighbours lost relatives in the rubble.

Waiting for help

At another landslide an ornately tiled porch stands now like a platform overlooking the valley below.

The home which was behind it is crushed and buried, along with it a family of 10 people.

Further along, the route is blocked by a house teetering on the edge of another gaping scar - the only way forward to the villages and communities ahead is through someone's front room.

One village is packed with people - all asking when the aid will come. A police helicopter circled overhead suggesting they have not been forgotten about.

But they feel abandoned and alone. They have rice and basic supplies, but with no electricity and a road it will take many weeks to repair, they are afraid of their new-found isolation, hoping help will come to them soon.

Three-thousand dead is what the government has estimated.

Here amid the destroyed homes, with so many stories of relatives being buried alive, it seems as though it could be even more.







Coordinations meetings. Our first coordination meeting.


A Thought for Thursday: Crowdsourcing

Late September marks the start of a new academic year, and so idle moments are currently something of a rarity for this particular Kat. However, in a ‘slightly less busy than other moments’ moment, he did stumble across an intriguing news item from the BBC that he thought he would share with his readers.

The story, entitled “Crowdsourcing: Turning customers into creative directors”, details the novel approach to the furniture business that has been adopted by Made.com, an online-only furniture retailer whose product designs are provided by the public.

The BBC explains:

"Visitors to the website are encouraged to submit their designs. The best of these are worked up into prototypes, and posted on the website. Registered members of the Made.com community vote. The most popular pieces are then available for pre-order - made in China, shipped by container and delivered directly to buyers from the port."

It continues, noting that:

"The designers are paid nothing upfront - but receive 5% royalties on successful designs".

The article also considers the crowdsourcing efforts of Threadless, a t-shirt design company that operates along the same broad lines, and Fluevog, operator of an "open source footwear website" where, you’ve guessed it, visitors upload shoe designs for the community to vote on (the BBC notes that “Winning shoes are named after their creator, who also receives a free pair”).

laden ladenfam has a number of questions relating to this practice - not least: what about the rights? As far as he can see (admittedly it was a brief perusal), the only statement on the Made.com website (he’s not been sufficiently 'less busy' to have checked the others) that even vaguely acknowledges the existence of IP rights is the following:

"We are the owner or the licensee of all intellectual property rights in our website, and, save for our users content (where we are licensee), in the material published on it."

This seems unsatisfactory on a number of fronts - what happens to the business, for example, in the event that the licensor gets a better offer elsewhere? Moreover, what of the potential liabilities involved with accepting designs from the Crowd and then making (albeit abroad), importing, and selling articles made to those designs?

The BBC takes a slightly different angle in its analysis, quoting the views of Jaron Lanier, “a US computer scientist … and virtual reality pioneer”, who is reported as being concerned that: "by "mining" the crowd in this way, the wealth that results from the work done remains concentrated in the hands of the people who put out the call - ultimately endangering jobs and the economy." He also apparently believes that “crowdsourcing threatens creativity" [quite how is never really explained].

So what do our readers think? Is crowdsourcing viable?

The rise of crowdsourcing here

Crowdsurfing here

Project Blue Beam: The Ultimate Deception

The first video is an excellent compilation of news clips from 2010 showing how the government and mainstream media is really ramping-up the predictive-programming machine in preparation for Project Bluebeam: the faked alien landing event.

The big set-up is in its final stages. The UFO and aliens will play a major part in this final deception: they will come as our creators, who will aid us into our next leap in evolution - to be like the gods. This strong delusion will allow God to separate the wheat from the tares with one great act. These demons will come forth to deceive man into eternal ruin. It will forge the alliance of the world religions, the world government, the world economic system.


(YouTube link)

Without a universal belief in the new age religion, the success of the new world order would be impossible. That is why the Blue Beam Project is so important to them, but has been so well hidden until now.


(YouTube link)

For more on Project Blue Beam and how this can be seen biblically, watch Satan's Deception 1 and Satan's Deception II .

SOME IMAGES GO TOGETHER


WHEN I HEAR "CHURCH, RELIGION" I THINK OF THE ABOVE IMAGE


WHAT POPS UP IN YOUR MIND


WHEN THEY SAY A WORD


OR A PHRASE LIKE “TEA PARTY”?


Certainly it is not wise to generalize…the odds of you being correct diminish when you do that. But I can’t help it when I play a word association game or even an image that is linked to an idea, a person or some political ideology…Even religion has that same effect on me.

For example: When I see this flag:

I associate it with a pickup truck with riffle racks in the back

Other words or phrases associated in my mind with these images: Redneck, racism, Apalachia, Alabama, Texas, Arizona, shit kicker, trailer trash, incest, illiteracy, ignorance.

Or for example; when I think of racist and xenophobes I get images in my mind of these people:

When I think of the worst Presidents America has had I immediately think:











Dishonest, incompetent, arrogant, inarticulate, (Bush) elitists, demagogue, simplistic (Reagan) Dishonest, unconstitutional (Nixon) and I try to figure out which one was the worst


The word HOMOPHOBIA brings these images to my mind:







Anita Bryant, Carrie Prajean...Dum cunts, 15 minutes of fame

Immigration and illegal aliens make me think of these:










Opportunist fear mongering, xenophobia, racial profiling, “show me your papers”


Intolerance and hate:


















Mathew Shepperd, Harvey Milk, Homophobia, Mormons, Evangelicals, hate crimes, hollier than thou, power hungry opportunists


The Tea Bag Party by far has the most abundant image recall for me, next to religion I see a lot of ignorance and misspelled signs; I think of mentally unstable people, I think of misinformed, ignorant people who defend the rich even when they don’t have a pot to piss in or a window to throw it out of.















Then I think of NO GOVERNMENT, elimination of Social Security and Medicare which then takes me to a country without government like Somalia



When somebody says Fidel Castro…I think Hugo Chavez









Repression, tyranny, no private property, lack of freedom, demagoguery;

And all the dead from their misguided ideology:



I hear “OIL COMPANIES” and I think:








Then the phrase “Drill, baby drill”

And Sarah Palin’s photo pops up in my mind



I hear Cheney speak and I think:

War and misery, so that people like him can get richer



When I think of religion, I know there are some that are worse than others but the first thing that comes to my mind is: THE INQUISITION, then followed by MOLESTATION OF ALTAR BOYS, and eventually I get to thinking about the Morons MORMONS and their using church funds to outlaw gay marriage in California.











The word THEOCRACY comes to my mind…along with executions of gays, Mormons spending millions from tax exempt funds to promote hate and take away human rights

I think that because I am an artist that I value imagery a lot. I think that illustrating an idea with pictures is always effective. Maybe with this into consideration you may get a better idea how my mind works.