This press release made some very important points. One that deserves to stand out is the all encompassing provisions of the patents that GreenShift claims. I underlined the part that certainly sets the bar high for those who wish to skirt the patents.
GreenShift will continue to protect the competitive advantage of its licensees. Winsness added: "we are aware of no practical method to recover corn oil from stillage that does not also rely on our patented corn oil extraction processes. We believe this to be true regardless of the type of equipment or chemicals used; or the upstream ethanol production conditions or temperatures; or the downstream processes used to strip free fatty acids or to filter recovered oil prior to refining. We welcome and expect innovation, however, we also expect any and all use of our technologies to be lawful."
This is the strongest language that I have seen the company issue to date - as far as the all encompassing nature of these patents in the COES field. I suspect this new "notice of allowance" issued - after the USPTO has gone through all the prior art generated by the defendants - has generated this additional confidence.
SkunK
PS. Also note the excellent defense of the constitutionally based Patent System in the United States. Far from being a hindrance as some in the industry claim - it has been the cornerstone of innovation and advances in industry.
To make it SkunK simple: What would happen if you went to the Ethanol Industry parts store and you did not have to pay for the parts. You just came in and took what you wanted. GREAT! Right? Maybe not. Do you think the parts store owner would invest in inventory if he could not charge for his product? It cost money to develop, purchase and warehouse a part - just as it costs money to develop an innovation. Your next visit would be to an empty parts store. All the parts would be gone and no new parts on order. Then, with no parts stores, the industry would be screwed. The exact same thing with an Intellectual Property parts store. If all the customers shop lifted innovation - who would invest in restocking the store? Our Founding Fathers did not believe that shop lifting was good for building prosperity - and that's why they secured "for limited times to inventors the exclusive right to their respective discoveries"
About the USPTO
The United States Patent and Trademark Office is the Federal agency for granting U.S. patents. In doing this, the USPTO fulfills the mandate of Article I, Section 8, Clause 8, of the Constitution that the Executive branch "promote the progress of science and the useful arts by securing for limited times to inventors the exclusive right to their respective discoveries." Under this system of protection, American industry has flourished. New products have been invented, new uses for old ones discovered, and employment opportunities created for millions of Americans. The strength and vitality of the U.S. economy depends directly on effective mechanisms that protect new ideas and investments in innovation and creativity. The continued demand for patents underscores the ingenuity of American inventors and entrepreneurs. The USPTO is at the cutting edge of the Nation's technological progress and achievement.
Tuesday, April 26, 2011
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