Re: patent pending?

wytze (geno@zap.a2000.nl)
Mon, 20 Dec 1999 15:49:29 +0100

The patent can be seen at http://ep.espacenet.com/
When you get to the website, fill in WO9935913 at the field "view an
apllication". You do need Acrobat Reader. I just called the EPO to check the
question of publication. Patents are being published during the approval
process. It is possible to object to a patent when it it is granted but it is
also posible to send in comments during the reviewperiod. You may send comments
to epoline@epo.org. In the comments please be sure to mention the patentnumber
WO9935913 and WO9935910. It may be a good idea to also mention the french
application number which is FR2773672. Comments will be added to the file.
At least, that's what the friendly EPO lady told me.
wytze

Donna Fezler wrote:

> Since I have completed the process twice, I am more confused. How did you
> get a copy of it ? Does it have a patent number? If it does it has been
> issued-the final step-but I did a patent search and it is not there.
> Confidentiality of patent contents is prudent until issuance, so I am
> wondering why they published it. If they were announcing a patent pending
> application they should have been very general, not publishing the specific
> application. Something is funny here.
>
> The patent process is not open to official public debate, unfortunately. It
> isn't even open to congressional influence to expedite the patent. I tried
> since I couldn't license it without the actual patent number. However, part
> of my struggle with the autoimmune patent came from the USPTO efforts
> (according to the patent attorney) to stem the tide of transgenic and plant
> patents. A media ruckus couldn't hurt focus attention on the situation
> indirectly.
>
> Donna Fezler
> GCR
> Jacksonville, IL
>
> http://www.rhealiving.com
>
> -----Original Message-----
> From: wytze [mailto:geno@zap.a2000.nl]
> Sent: Sunday, December 19, 1999 2:47 PM
> To: gcr@rhealiving.com
> Cc: sanet-mg@ces.ncsu.edu
> Subject: Re: New Novartis Patent VI
>
> As far as I understand it is not yet approved. It is an application and I
> hope
> to find out if comments to the patent offices are possible.
> In the mean time, the fun of this patent is that it reveals a huge amount of
> things so thank you Novartis for this information.
> Wytze
>
> Donna Fezler wrote:
>
> > It was filed on January 15, 1999 and it has been approved already?
> > Supposedly the USPTO is above corruption, but it usually takes at least 18
> > months for the first review. 95 % of patents are rejected at the first
> > review. It takes about 6 months from approval to issuance, so this patent
> > was reviewed and approved within 5 months of application. HMMM.
> >
> > Donna Fezler
> > GCR
> > Jacksonville, IL
> >
> > http://www.rhealiving.com
> >
> > -----Original Message-----
> > From: owner-sanet-mg@ces.ncsu.edu [mailto:owner-sanet-mg@ces.ncsu.edu]On
> > Behalf Of wytze
> > Sent: Sunday, December 19, 1999 12:27 PM
> > To: mmiller@pcsia.com
> > Cc: sanet-mg@ces.ncsu.edu
> > Subject: Re: New Novartis Patent VI
> >
> > I wonder if this mycotoxin story did not come up as a result of the
> patent,
> > given
> > the fact that the patent was filed 14 january 1999.
> > Furthermore, the "advantage" of increased pollination may be a great
> comfort
> > to
> > all of us.
> > I also wonder where the New Scientist got the 20% yield increase. It is
> not
> > mentioned in the patent.
> > wytze
> > P.S. I loved your new patent ideas!
> >
> > mmiller@pcsia.com wrote:
> >
> > > >Synergistic effects and advantages of the "invention" as described in
> > > >patent WO9935913.
> > > The term
> > > >"synergistic", however, is in no way to be understood in this
> connection
> > > >as being restricted to the pesticidal activity, but the term also
> refers
> > > >to other advantageous properties of the method according to the
> > > >invention compared with the nitroimino- or nitroguanidino-compound and
> > > >the transgenic useful plant alone.
> > > >Examples of such advantageous properties which may be mentioned are:
> > >
> > > >-enhanced crop safety; snip
> > > > reduced content of toxic products such as mycotoxins, snip
> > >
> > > I wonder what the people who published the mycotoxin discovery think
> about
> > > their idea being part of somebodyelse's patent?
> > >
> > > Also how much of the legal cost to determine what percentage of the
> > reduced
> > > mycotoxin benefit is attributable to the BT and what is due to the
> > > pesticide synergy (and then there are those pesky changes in that
> > > relationship as a function of soil type, weather conditions and other
> > > factors like carrier insect populations) will be passed onto the end
> users
> > > as higher food costs?
> > >
> > > Or maybe as in another industry I was in, just the fact that a large
> > > corporation has managed to get a patent from the new improved and
> defunded
> > > Patent Office that includes a prior art idea will be enough to not only
> > > keep them from using the prior art idea but will keep them from even
> > > challangeing the illegal patent due to lack of resources to do legal
> > battle
> > > with a large corporation.
> > >
> > > On the level of no moral constraints in the battle of corporations, this
> > > patent is a Very Beautiful Strategy. Think of it,
> > >
> > > I patent how people can use your products including the use of your
> > > pesticide on your herbicide and pesticide resistant crops.
> > >
> > > I now control how your customers can use your products through the
> license
> > > they are required to buy from me due to my patent on the use of your
> > products.
> > >
> > > So the question becomes : "How much of your value stream to your
> customers
> > > will I take in license fees? "
> > >
> > > I love it. This system may very well collapse under the weight of its
> own
> > > avarice. "Plutocracy today, plutocracy tomorrow, plutocracy forever"
> with
> > > apologies to George Wallace. Mike Miller
> > >
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