Hi,
Richard Dobson wrote:
I guess I haven't played the system well enough - as the person who
first published the amb format (not in 2009 but in 2000, in my paper
for
ICMC Berlin) it would have been a nice addition to my meagre CV to
have
been mentioned in a patent application. Perhaps I should write to
them.
It would be greatly appreciated if you write to them. In the patent
system, it is possible to file third party observations. Instead of
saying that it is obvious on this list, you can use the link already
provided by Roger:
WO2012059385 DATA STRUCTURE FOR HIGHER ORDER AMBISONICS AUDIO DATA
http://patentscope.wipo.int/search/en/detail.jsf?docId=WO2012059385
On the web page there, at the top, you can find the following:
"Latest bibliographic data on file with the International Bureau ⇨
Submit observation"
In order to submit observations, you have to create an account. It is
not a cumbersome procedure in my opinion.
Then, you can submit references to documents which have been made
available to the public before the filing date, October 24th 2011 (or
rather the priority date, November 05th 2010) of the application.
If you are able to find posts in this list which already disclose such
data structure, you can also make reference to the corresponding
messages. However, it is questionable whether this list is made
available to the public... It is a pity that you have to subscribe in
order to see the archives, and that the archives are not searchable
without such a subscription, or am I mistaken?
It may be so that the examiner which has been entrusted with the
search of the application is not aware of your ICMC paper in Berlin.
But you can also imagine that examiners are not omniscient. If you
believe that everything has been described in your article, submit a
third party observation and you will be cited in the patent
application. Indicate the title of the scientific article, the
conference, the date, and it will be retrieved. If you want to invest
more time, you can even further specify the passages of the article
which are relevant for the invention, and why in your opinion, your
article already discloses everything. After, I am not aware of the
details of the procedure, but I guess that the document will be taken
into account in the prosecution of the procedure.
Some further important details : It is only a WO "patent", namely an
"international patent". In fact, a WO is not a patent. It is only the
starting point of a patent. The application goes after in a regional
procedure (US, Europe, Japan, China, etc.) in order to be converted
into a patent (if it is new and inventive). Taking account of the
search report associated with the application, available here:
http://patentscope.wipo.int/search/docservicepdf_pct/id00000017329648.pdf
there are only A documents cited by the search examiner, meaning that
the preliminary opinion is that it contains subject-matter which is
new and inventive. So, definitely, if you are able to provide some
evidence that it already exists, you would help the community, don't
you?
Best regards,
Mathieu Guillaume
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