Comments on: Blackboard Patents in Australia http://blackfate.edublogs.org/2006/08/02/blackboard-patents-in-australia/ All your LMSes belong to Blackboard(TM) Inc (R)... Thu, 31 Aug 2006 14:36:20 -0400 http://wordpress.org/?v=2.8.2 hourly 1 By: Roger Atkinson http://blackfate.edublogs.org/2006/08/02/blackboard-patents-in-australia/comment-page-1/#comment-6 Roger Atkinson Mon, 07 Aug 2006 09:07:07 +0000 http://blackfate.edublogs.org/2006/08/02/blackboard-patents-in-australia/#comment-6 Like quite a few others, I've been visiting IP Australia's site to check on BB's Australian activities. Right now I'm trying to understand what is meant by the 'status' of an application for an Australian patent. All 5 of BB's filings in Australia have status 'filed'. Not 'sealed' or whatever term is used for a patent that has been granted. Just 'filed'. I suspect that BB's website http://www.blackboard.com/patent/patentpress.htm contains an error when it claims that Australian patents have been granted. Interestingly, under Australian law, "It is an offence to falsely represent that an article is patented or the subject of a patent in Australia" (research in progress - are such breaches, should they be occurring, a civil or a criminal matter? Refer p.9, http://www.ipaustralia.gov.au/pdfs/patents/patentsguide.pdf). Has Blackboard breached an Australian law, with that breach, if occurring, potentially having criminal implications, in contrast to civil implications? Like quite a few others, I’ve been visiting IP Australia’s site to check on BB’s Australian activities. Right now I’m trying to understand what is meant by the ’status’ of an application for an Australian patent. All 5 of BB’s filings in Australia have status ‘filed’. Not ’sealed’ or whatever term is used for a patent that has been granted. Just ‘filed’. I suspect that BB’s website http://www.blackboard.com/patent/patentpress.htm contains an error when it claims that Australian patents have been granted.

Interestingly, under Australian law, “It is an offence to falsely represent that an article is patented or the subject of a patent in Australia” (research in progress – are such breaches, should they be occurring, a civil or a criminal matter? Refer p.9, http://www.ipaustralia.gov.au/pdfs/patents/patentsguide.pdf). Has
Blackboard breached an Australian law, with that breach, if occurring, potentially having criminal implications, in contrast to civil implications?

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