Is there a Case for Compulsory Licensing of the E-Cat? (Bob Greenyer)

This post by Bob Greenyer was written in response to a comment by Ophelia Rump who wrote, regarding the recently published patent application for the E-Cat: “If for any reason these devices remain the province of rich industrialists and do not make it into the hands of the common man at an affordable price, then we need to burn down what we mistakenly call civilization and start over.”

It will be a candidate for compulsory licence like many in the electronic, chemical and pharmaceutical industry.

Here is an example

http://baldwins.com/india-s-ip-appellate-board-endorses-compulsory-license-of-patented-cancer-drug-to-generic-manufacturer/

From the article

“Grant of compulsory license

Compulsory licensing occurs when a government authorises an organisation other than the patent owner to produce a patented product or process without the patent owner’s consent. The patent owner is remunerated for the license but does not have the option to refuse the license, select the licensee, or determine royalty rates. The Indian Patents Act (2005) provides for compulsory licenses three years following patent grant. Compulsory licenses can be granted on the grounds of the invention not being available at a reasonably affordable price, the reasonable requirements of the public with respect to the patented invention not being met, or the patent not being worked. This has recently been changed from ‘reasonably priced’ to ‘reasonably affordably priced’, which is seen to lower the threshold for compulsory licensing.”

And IH need to be aware of this. This makes it all the more important that they focus is LARGE niche – high expense markets where there is not the volume to attract the mass manufacturers of China and India. If IH does not blanket licence the tec h at an affordable rate and only markets the tech to high end industry, the first domestic LENR heaters/co-generators will likely come from India.

 

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