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How to Correct the Flaws of the Patent System with a Patent?. NeuroLogic Sweden AB Business Incentive. Roland Orre <roland.orre@neurologic.se> Chairman, Director. Flaws of the Patent System.

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how to correct the flaws of the patent system with a patent

How to Correctthe Flaws of the Patent System with a Patent?

NeuroLogic Sweden AB

Business Incentive

Roland Orre <roland.orre@neurologic.se>

Chairman, Director

slide2

Flaws of the Patent System

  • Main problem: The mathematical concept of software, has become considered a patentable technology. (I don’t consider it a technology)

This problem is remarkable well expressed in US, but is becoming a problem also within EU.

  • Instead of stimulating innovation as was the original intention with the patent system, it now limits innovation and holds development back.
  • It creates a costly insecurity and decreasing investments in research and development.
  • Software patents create a form of anarchy.
slide3

NeuroLogic Provides Data Mining Services

NeuroLogic is a software companyspecializing in R&D of data mining tools using Bayesian statistics and neural networks.

NeuroLogic are developing and providing data mining methods and services for the World Health Organization used within the pharmacovigilance area.

Since 1998 these methods started becoming a new standard within drug safety.

slide4

Two Main Services

Early Warning Signalling on adverse drug relations.

Unsupervised pattern recognition to find more complex relations like syndromes.

a great democratic decision for r d in sw
A great democratic decision for R&D in SW

Article 3a in the amendend software patent directive:

  • Member states shall ensure that data processing is not considered to be a field of technology in the sense of patent law, and that innovations in the field of data processing are not considered to be inventions in the sense of patent law.
slide7
But...
  • A similar article exists earlier, but it has unfortunately not been followed by EPO, which has anyway granted around 30000 SW patents.
  • One of them is, for instance, an AI patent I got granted 1992 when I was developing expert systems at ABB.
sw patents limit development
SW Patents Limit Development
  • Instead of stimulating innovation as was the original intention with the patent system, it limits innovation and holds development back.
  • By causing R&D resources to be reallocated to lawyers and similar.
  • Also by being incentives for ”reinventing the wheel”, which is not productive (and for sw patents most often not possible, because sw patents are too broad).
about standards
About Standards
  • The sw patent system, instead of shaping standards, becomes an incentive to create new standards.

A few simple examples:

  • Patent on MP3, was an incentive to create OOG, instead of doing something more creative.
  • Patent on GIF, was an incentive to create PNG. Neither a really productive invention.
  • Standards have to be free and open, otherwise it is a contradiction to call them standards.
a paradoxical solution
A Paradoxical Solution
  • I realized that one of my old dream inventions, a system that invents from people’s ideas and wishes, could solve the problem.
  • A system which would speed up manufacturing of new products.
  • Thus, enhance the development process.
after a few years
After a few years...
  • I finally realized how to implement this
  • and then immediately filed a patent.
  • The method is an AI approach to do business (based upon advanced data mining methods)
  • Actually also collaborate innovation, similar to the way GPL works.
this patented method will
This patented method will
  • Speed up the technical evolution.
  • It will over time correct the flaws of the patent system of today, that trivial and broad designs, as software, can be patented.
  • Enhance the patent system towards real innovations (new thinking, instead of trivial design patents).
  • Stimulate collaboration (collaborative innovation)
  • Stimulate shaping of standards within knowledge representation and generic design.
patent system should
Patent system should
  • Not allow software to be patented!
  • Only be allowed when a patent also has a beneficial effect on the society, e.g. in shaping of standards, creating new jobs or other positive effects, like increasing collaboration.
slide15

Thank You!

Roland Orre, PhD

Director

NeuroLogic Sweden AB

roland.orre@neurologic.se

slide16

MyBackground

  • 2 years low tech industry.
  • National economy
  • MSc Engineering Physics
  • 12 years medium/high tech industry.
  • Patent ABB (AI, exp. sys)
  • Small consultancy work
    • Multi media pres.
    • Text data bases
    • Teaching ANN & prog tech.
    • Tool for interest prediction
    • SGML application
  • PhD, Comp Sc, patt rec.
how to change this
How to Change This

?

?

?

?

IDEAS

KNOWLEDGE

INFORMATION

?

?

into this
Into This!

INFORMATION

KNOWLEDGE

KNOWLEDGE

INFORMATION

KNOWLEDGE

KNOWLEDGE

INFORMATION

INFORMATION

KNOWLEDGE

KNOWLEDGE

INFORMATION

the key is
The Key is
  • Collaboration.
  • Data mining.
  • Patents as incentives to set standards.
two main services
Two Main Services
  • Early Warning Signalling on adverse drug relations.
  • Unsupervised pattern recognition to find syndromes.
slide21

Early Warning Signalling on Adverse Drug Reactions

  • One day you feel ill and rush to the doctor.
slide22

Early Warning Signalling on Adverse Drug Reactions

  • One day you feel ill and rush to the doctor.
  • You are then prescribed a drug for your heart.
slide23

Early Warning Signalling on Adverse Drug Reactions

  • One day you feel ill and rush to the doctor.
  • You are then prescribed a drug for your heart.
  • After a short while you get some unexpected reaction.
slide24

Early Warning Signalling on Adverse Drug Reactions

  • One day you feel ill and rush to the doctor.
  • You are then prescribed a drug for your heart.
  • After a short while you get some unexpected reaction.
slide25

Early Warning Signalling on Adverse Drug Reactions

  • One day you feel ill and rush to the doctor.
  • You are then prescribed a drug for your heart.
  • After a short while you get some unexpected reaction.
  • The doctor investigates you and suspects this to be an adverse drug reaction.
slide26

Early Warning Signalling on Adverse Drug Reactions

  • The doctor now writes a report on this, which will contain a lot of data about the patient.
  • Age, Sex, Country, Drugs taken, Other reactions, etc.
  • Over 70 variables are measured and reported.
slide27

40, Male, Sweden,

Digoxin, Aspirin,

Angry, ...

The WHO Data Base

  • 50000 reports per quarter
  • from 70 countries
  • 3 million reports
  • maintained by UMC, a WHO collaborative
slide29

Recurrent BCPNN

Create a BCPNN for drugs to investigate, nodes are drugs and adverse reactions

Set weights by BCPNN formula: log (Pij/(Pi Pj))

Finds stored attractors, i.e. an associative memory.

slide30

Recurrent BCPNN: stimulate

  • Stimulate the network with a reported subset of adverse reaction from DB
slide31

Recurrent BCPNN: learn

  • Stimulate the network with a reported subset of adverse reaction from DB
  • The synaptic weight connections involved will grow.
slide32

Recurrent BCPNN: recall

  • Now stimulate the network with a pattern close to a stored attractor.
slide33

Recurrent BCPNN: recall

  • Now stimulate the network with a pattern close to a stored attractor.
  • Iterate the network to find the closest attractor.
slide34

Recurrent BCPNN: recall

  • Now stimulate the network with a pattern close to a stored attractor.
  • Iterate the network to find the closest attractor.

A pattern which may never have been seen by the network is recalled!

example a recent syndrome
Example: A recent syndrome

node ci

"DRUG X" 6276

"SOMNOLENCE" 1217

"AGITATION" 1162

"INSOMNIA" 953

"SUICIDE ATTEMPT" 952

"CONFUSION" 943

"ANXIETY" 762

"HALLUCINATION" 685

"NERVOUSNESS" 659

"AGGRESSIVE REACTION" 386

"DEPRESSION" 329

"MANIC REACTION" 299

"ANOREXIA" 280

"DEPERSONALIZATION" 256

"AMNESIA" 232

"THINKING ABNORMAL" 193

"DEPRESSION AGGRAVATED" 188

"EMOTIONAL LABILITY" 130

"PARANOID REACTION" 125

"PERSONALITY DISORDER" 121

"CONCENTRATION IMPAIRED" 100

"EUPHORIA" 53

"NEUROSIS" 53

"APATHY" 41

what is a syndrome
What is a syndrome?
  • An Invention!
  • Neither the doctor, nor the BCPNN have actually seen the whole pattern.
slide37

What is a syndrome?

An Invention!

Neither the doctor, nor the BCPNN have actually seen the whole pattern.

The energy function of BCPNN maximizes the likelihood for these symptoms to occur together.

slide38

Comparision to Clustering

  • AutoClass is a Bayesian clustering method developed by NASA, originally for analysis of satellite images.
  • For haloperidol, an antipsychotic drug, BCPNN found 16 patterns, all clinically relevant, for haloperidol of which three conformed to well known (of totally five known) syndromes. This took 10.1 s (3.6s training and 6.5 s recall on PIII 1.4 GHz).
  • With Autoclass two patterns were found, both less clinically relevant. Autoclass was run for 20 hours on a PIII 1.4 GHz machine for this.
to what other business areas can this apply1
To What Other Business Areas can This Apply?
  • Marketing of Research
  • Manufacturing on Demand
research problem 1
Research Problem 1

Funders in need of research

Researchers in need of funders

?

?

?

?

?

?

?

?

?

?

research problem 2
Research Problem 2

Researchers in need of reviewers

Potential reviewers

?

?

?

?

?

?

?

?

?

?

slide44

Research Problem 3

Researchers in need of information

Information

?

?

?

?

?

?

?

?

?

?

?

slide45

Research Problem 3

Researchers in need of information

Information

?

?

?

?

?

?

?

?

IDEAS

KNOWLEDGE

INFORMATION

?

?

?

?

?

?

?

slide46

I’ll suggest a solution

  • Think about research as a product, produced by a demand.

(also valid for some of the fundamental research if you have the right funders)

assume funder 1 specifies
Assume Funder 1 Specifies

<!DOCTYPE RESEARCH-PROJECT>

<resproj>

<title>Allocation of research resources</title>

<abstract>

I want a research project whichcan solve the problem how funders

efficiently find their researchers.The problem is how to allocate

these resources and make themfind each other.

</abstract>

<keywords>

<keyword>funders</keyword>

<keyword>efficient</keyword>

<keyword>resources</keyword>

<keyword>allocate</keyword>

<keyword>finding</keyword>

<keyword>researchers</keyword>

</keywords>

<investment>100000 Euro</investment>

<deadline>Year 2005</deadline>

</resproj>

assume researcher 1 specifies
Assume Researcher 1 specifies

<!DOCTYPE RESEARCH-IDEA>

<resproj>

<title>Marketing of research</title>

<abstract>

I have an idea about how to solve the marketingproblem of research. How to market research.

That is, how researchers could find their funders.The solution is by using a recurrent bayesian

neural network.

</abstract>

<keywords>

<keyword>funders</keyword>

<keyword>marketing</keyword>

<keyword>finding</keyword>

<keyword>researchers</keyword>

<keyword>bayesian</keyword>

<keyword>neural</keyword>

<keyword>network</keyword>

</keywords>

<costestimate>200000 Euro</costestimate>

<timeestimate>1 year</timeestimate>

<resources>4 people</resources>

</resproj>

slide49

By applying...

  • A similar BCPNN technique which is described in the thesis,

which has been succesfully applied to finding syndromes in the WHO database.

  • A similar text processing which we used in a feasability study for the British government (NPSA),

when we got highest ranking in results and usage of advanced statistical methods between ten different companies, among others SAS and SPSS.

we have found a new pattern a research project with funders
We have found a new pattern, a research project with funders.
  • By searching for patterns among the funder specifications, we get projects.
  • By searching for patterns among the researchers desires/ideas we get research groups with the same goals.
  • The research group can be given as a cue to find projects.
  • The project can be given as a cue to find research groups.
another example manufacturing on demand
Another example:Manufacturing on demand
  • Inventions are often based upon a need or a desire.
  • Needs makes us creative!
slide52

The pen computer.

In 1987 I described something I called ”TankeNyckeln” (MindWrench or MindKey), as specified in the report it was actually possible to build with the technology available at that time (apart from the radio).

It had a pressure sensitive screen (first version elektromagn. pen)

It could calculate its position.

Voice command.

It had 10 Mb/s global wireless connection.

This was before before internet was spread.

I guessed that the frequency used would be around 2GHz.

It had direct contact with the world’s knowledge (like google is used).

You could use it as a telephone (later versions also with translation)

It had 64MB RAM and an ARM CPU (from Acorn, later by Intel)

This Compaq Ipaq I bought in Aug 2001, it has pressure sensitive screen, 64 MB RAM and StrongARM CPU and 2.4GHz WLAN (in the newer models from 2003 the wireless LAN is builtin)

slide53

Tablet PC (getting closer to TankeNyckeln)

2004

1987

Thanks to body LAN (bluetooth) it doesn’t need e.g. builtin camera and GPS as the TankeNyckel had (although neither camera nor GPS with bluetooth exist yet, as far as I know)

another example
Another example
  • In Nov 1998 I broke up with my sambo and dated a girl in North Carolina after a conference.
  • She had severe allergy, so I built her a wearable battery powered HEPA aircleaner.
  • She had been searching for such a device on the market for many years.
  • Now she became able to be outside for longer periods of time (she has just, a few months ago, (Sept 2003) replaced it with a recently available commercial variant)
  • I didn’t fell for her love wise, but she was extremely happy for the aircleaner.
dream products
Dream products
  • As the wearable computer was a dream product for me, which I could specify, but was not able to build myself.
  • So was the wearable aircleaner for this girl. She knew what she wanted, but she was not able to build it herself.
in a similar way as research project ideas
In a similar way as research project/ideas
  • Assume people could express their needs as a product design specification.
  • Assume that the they could express what a certain product would be worth for them.
inputs from customers
Inputs from customers
  • wearable aircleaner with transparent mask
  • wearable battery powered aircleaner
  • wearable battery powered aircleaner with HEPA filter
  • wearable rechargable batteries aircleaner
  • wearable aircleaner with invisible mask
  • portable aircleaner
  • portable aircleaner with rechargable batteries
  • wearable aircleaner with invisible mask
  • portable aircleaner with HEPA filter
slide58

Some text processing...

wearable aircleaner with transparent mask

wearable battery powered aircleaner

wearable battery powered aircleaner with HEPA filter

wearable rechargable batteries aircleaner

wearable aircleaner with invisible mask

portable aircleaner

Portable aircleaner with rechargable batteries

wearable aircleaner with invisible mask

portable aircleaner with HEPA filter

wearable/portable are to be considered synonymous

battery/batteries implies power => powered can be left out.

wearable and aircleaner are correlated

wearable and HEPA filter are correlated

recharchable and batteries are correlated

we can find a product pattern like this
We can find a product pattern like this:
  • wearable aircleaner with recharchable batteries and transparent mask.
the final product pattern may never have been given as input
The final product pattern may never have been given as input!
  • When we look upon:

”wearable aircleaner with recharchable batteries and transparent mask”

  • The system has actually invented this product!
the system which neurologic provides
The system which NeuroLogic provides
  • is actually applied artificial intelligence, AI, within three different business areas.
slide62

NeuroLogic and BCPNN within Three Business areas

AI in Medicine

AI in Manufacturing

Ind

Inc.

WHO

NL

AB

AI in Marketing

Univ

Mark

i have applied for a patent on this including
I have applied for a patent on this including:
  • The client specifies the project / product.
  • The client asserts the willingness to pay.
  • The BCPNN searches for similar client-providers.
  • The client confirms => temporary contract.
  • The system calculates the total revenue.
  • Providers decide if can be done, then make an offer.
  • The client can accept or reject the offer.
  • Accept => contract betwen client - provider..
my intention with patent
My Intention with patent
  • Stimulate standardized specification and knowledge representation.
  • Stimulate building of searchable knowledge/information data bases.
  • Stimulate collaboration over the borders.
my offer
My offer:
  • All general method improvements within any of these three areas are freely available to other non competing parties using the patent.
  • You are allowed to set up any number of companies, purchase companies etc which can use the patent, as long as my conditions are met.
my conditions
My Conditions:
  • All demands, designs and publications produced by using the method are freely available and searchable from one (preferrably distributed) database.
  • You have free access to the patent, as long as you are fulfilling the conditions.
slide68

Morrgan, SVD, 13/3 2004

End

Thank You!

Roland Orre, PhD

Managing Director

NeuroLogic Sweden AB

roland.orre@neurologic.se

Development

Ind

Med

NL

Health

Spirit

Univ

marketing and manufacturing today
Marketing and Manufacturing today

Industry

Customers

Marketing

x %

Inventions

Marketing

Manufacturing

Purchase

y %

slide71

Marketing and Manufacturing today

Industry

Customers

Marketing

x %

Inventions

Marketing

Manufacturing

Purchase

y %

Very simplified: Efficiency = x*y/100 %

slide73

Outliers may have similar needs and ideas

There are millions of good ideas out there!

slide75

My short term needs:

  • 160,000 SEK for finalization of US patent.
  • 1-2 MSEK for PTC (world patent)

(needed to make the method most efficient)