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Old January 13th 15, 08:13 AM posted to sci.space.policy
William Mook[_2_]
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On Monday, January 12, 2015 at 11:57:50 PM UTC+13, Sylvia Else wrote:
On 11/01/2015 1:51 PM, William Mook wrote:
On Saturday, January 10, 2015 at 1:33:41 PM UTC+13, Sylvia Else
wrote:
On 10/01/2015 11:04 AM, William Mook wrote:
On Friday, January 9, 2015 at 8:32:22 PM UTC+13, Sylvia Else
wrote:
On 9/01/2015 4:38 PM, William Mook wrote:

Patent applications are granted after an examination process
by the Intellectual Property Office of New Zealand. The
applicant may not under New Zealand law disclose or publicize
in any way any detail for which patents are being sought.

Convenient for you.

How so? Its actually a damn nuisance, as you pointed out
previously.


But also wrong, I think,

I prefer to take the advice of someone who actually practices IP
law in NZ rather than your gut instinct.

Why would you assume I posted before looking at the relevant
legislation?


Why do you assume I'm talking about what you did online? I merely
assume you know less about NZ IP than my patent attorney who
practices IP law in NZ. I believe the assumption is a sound one.

at least once the patent application has been filed.

Once the patent has been issued certainly. Prior to that, no
information that appears in the application can be made public.
Now, those whom you have special relationships with; employees,
vendors, clients, who are told that the information is
confidential and agree to keep its confidentiality, can see
information on a need to know basis.

Care to cite the relevant part of the legislation?

You have already cited the relevant legislation below. Section
76 to 82 discuss when information may be published and the impact
of publication on the patent process.


Those sections relate to obligations on the commissioner to
publish certain information.


Correct.

The relevant section for publication by you is section 57.


Correct. I was looking for that, but glad you found it.

"A patent is not invalidated--

(a) by reason only that the invention, so far as claimed in a
claim, has been made available to the public (whether in New
Zealand or elsewhere) on or after the priority date of the claim by
written or oral description, by use, or in any other way;"

Which is the normal state of affairs. Once you've invented
something and filed your patent application, thus establishing your
priority date, you're free to start commercialising it


Your contention that the USA and NZ are comparable with regard to
publicizing information before the priority date is in error.
Establishing a priority date is something I can initiate certainly,
but must be completed by the NZ patent office - (please look at the
helpful flow chart on that website you're reading from) and unlike
the USA, I cannot discuss anything until these dates are established
by the NZ PO.

without waiting for the patent to be granted, secure in the
knowledge that, provided the patent is eventually granted, your
interests are protected.


Publicity prior to the priority date is the issue. Your contention
that the USA and NZ laws are comparable wrt publicity before a
priority date is established is in error. Your contention that I
have established priority with the NZ patent office is in error. On
this basis, your conclusions are wrong.


I haven't said anything about the comparability of laws.

If you've filed an application, and the application is eventually
accepted, then the priority date is the date of the application (not the
date of acceptance).

The implication is that either you've not filed, or you're not sure the
application will be excepted (acceptance being distinct from the
granting of a patent).

Sylvia.


Yes its a process, and I'm in the middle of it, following the advice of my counsel here.

That said, I would never go around telling the juiciest parts of my ideas to people I didn't already trust, or post them online where anyone and their mom can steal them without much remorse.

You would have to admit that's a reasonable approach. You would also have to admit asking folks to be qualified before talking to them is not the same as asking them for any sort of money.

You seem to be very clear on some things I've said, and let other things remain fuzzy while others you let slide. lol.

I wonder why that is?