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Question:
Is it possible to get a “Quantum Telepathy” patent granted?
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As mentioned previously in the blog I am going to be physically incapacitated and will have some time on my hands after the hip-hop hip op. I will need something to do, to fill the time. One of the things which I enjoy is testing and finding out what may/may not be possible. I can lose interest quickly after that. I am more interested in possibility than execution. A vanity project might be to test if it is possible to get a “Quantum Telepathy” patent granted. A brief search suggests that there is no prior art. I am not sure how someone “skilled in the art” might be qualified and deemed expert. Aside from Marvel Comics there are no peer reviewed journals convinced that the parapsychological notion of telepathy is real and thereby measurable. Professor X might struggle to be believed. In effect such a patent would be for a phenomenon deemed imaginary by others. Patents are not about the already proven so imaginary or quasi-imaginary need not yet be a barrier to grant.
To dream up a tidy application would take quite a lot of work and effort
We are currently resident in France and have a right to remain which expires end of March next year. The government here is putting in place a mechanism to renew these rights for those allowed to stay under the Brexit withdrawal agreement. It is possible and likely that we will be allowed to remain. A change of government leaning towards the antimigration wing could happen and our future here might suddenly become much less certain. We could get booted out.
This means legally we are under a French jurisdiction and our governing body is Institut National de la Propriété Industrielle {INPI}. Even if I wanted to file an application in English to the UK or European patent office I am legally obliged to go through them first. I do not know yet if I can file in English at INPI.
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“The patent application can be filed in any language but a French translation is required within two months following receipt of a Communication issued by the French Patent Office (INPI) shortly after the filing date.”
Cabinet Beau de Loménie
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“But, for national security purposes, the Minister of National Defence, via the Intellectual Property Office of the General Delegation for Armaments (“DGA“ in French) has the right to review all applications for the protection of inventions made by natural or legal persons having their domicile or registered office in France, in order to authorize or not the exploitation of such inventions and thus avoid the possible leakage of so-called sensitive technologies, regardless of the country where the protection is sought.
Article L612-8 of the French Intellectual Property Code
Consequently, the applicants have: An obligation of first filing with the INPI. The applicant whose domicile or registered office is located in France cannot proceed outside of France with the first filing of a patent application. There is no exception to this provision.
The first filing must be submitted to the INPI, and for patents for which protection is sought outside France, the INPI must act as a receiving office and only transmit patent applications to foreign offices once the DGA has delivered its authorization for disclosure and exploitation.”
Oyat Law web site.
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Until this morning I was not aware of this.
To file a patent in French and get it granted adds an extra layer of complexity. Patent attorneys are not well know for pro bono work. That makes the challenge even more difficult / interesting.
I don’t know how the French system works. So that would be a complete unknown for me. I’ll wager that there are protocols and regulations. England might be a nation of shop keepers; France is a nation of administrators and dossier lovers.
I have no idea what kind of can or worms I might open in starting a French process. The possibilities for miscommunication are fairly vast.
In the UK things are a tad more familiar.
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From Gov.uk
National security checks on patent applications
All patent applications filed at the IPO are checked to identify any which could be prejudicial to national security or public safety.
We screen every application filed to check whether it should be placed under directions according to Section 22 of the Patents Act 1977. This includes applications such as:
- UK national applications
- European patent applications under the European Patent Convention (EPC)
- international applications under the Patent Cooperation Treaty (PCT)
If such directions are imposed, we will write to you within six weeks of filing your application. You must provide an address for service within the UK for all applications placed under section 22 directions.
The directions under section 22 may only be lifted after your application has been inspected by the Ministry of Defence. You must file a Form DP2 to request such an inspection (we will send a copy of this form to you when we notify you of the directions); it is in your interest to return this form to us as soon as possible if you think the directions should not remain in force.
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From DP2 Form
Note In view of the prohibition under Section 22(1), the application should be provisionally treated as
“SECRET”. The copy of the specification should be enclosed in two envelopes, the inner envelope being marked “SECRET”
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SECRET
Definition:
Very sensitive information that requires enhanced protective controls, including the use of secure networks on secured dedicated physical infrastructure and appropriately defined and implemented boundary security controls, suitable to defend against highly capable and determined threat actors, whereby a compromise could threaten life (an individual or group), seriously damage the UK’s security and/or international relations, its financial security/stability or impede its ability to investigate serious and organised crime.
Threat Profile:
The threat profile for SECRET anticipates the need to defend against sophisticated, well-resourced and determined threat actors with higher levels of capabilities than would be typical for the OFFICIAL tier. This includes but is not limited to: capable state actors; sophisticated state sponsored actors such as cybercrime groups; some serious organised crime groups; and, staff who pose insider risk. Proportionate technical capabilities, user behaviours and security controls will be used to protect information and services from compromise by these actors, including from targeted and bespoke attacks.
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I have had a quick check on the published list of things deemed worthy of considering secret and although cryptography and cypher are listed, there is no reference to telepathy. I did not see the Q word either.
It all sounds more than a little heavy and intense.
Provided that telepathy is entirely imaginary then there is no security threat. So this is perhaps a hypothetical. It is kind of hard to imagine someone taking such an application seriously.
Dr Whacko McNutjob, The Shed, 1001 Unicorn Jockey Drive, Camelot-sur-Mer, Narnia is not the kind of address that people take seriously so there is a good chance that anything I write will simply be waved through security checks. I do not have a bedlam.ac.uk corporate email address any longer.
People will pay less attention to Shrek from the swamp than a big cheese from a well know fromagerie.
Legally I must go through INPI or jeopardise residency. There are a lot of barriers even before beginning.
Hmmn… needs a bit more thought….










