RC Rocketry - Ready to Fly to Orbit

On Sunday, January 11, 2015 at 4:32:18 PM UTC+13, Fred J. McCall wrote:
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, because I suspect that is what HE does, Sylvia. Start with 'gut
instinct' and then try to argue his way around to why it's correct
when someone calls him on it.



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.

The relevant section for publication by you is section 57.

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

If your IP professional is telling you otherwise, it's time to get
another professional.


Hence all the stuff you see with 'Patent Pending' marked on it. But
Mookie misses stuff like that...

--
"Ignorance is preferable to error, and he is less remote from the
truth who believes nothing than he who believes what is wrong."
-- Thomas Jefferson

Fred believes he knows others so well and fails to look at himself. Typical of someone with his sort of mental disorder.

The only thing I presumed was that Sylvia was not as experienced in IP law in NZ as my patent attorney here who has over 20 years experience and told me specifically of the major differences between how the NZ patent office deals with publicity and the US patent office deals with it based on their experience of case law.

I did presume that Sylvia made her statements based not on actual experience in NZ case law, but based upon her gut feeling of things after reading an online recounting of relevant statutes.

That's what she did afaict. That's why she's wrong in her conclusions. That's why, despite her advice, I'm keeping my attorney and following their advice.

Rant all you want Fred about how well you know me ... haha - you don't know a damn thing afaict. Sylvia at least is logical and rational in her commentary.