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Patent protection of biomedical innovation projects and possible role of TRIZ and ARIZ in the formation of this protective strategy (continued, part two)

2012-08-31
Andrew (Gabriel) Livshits, Jaroslav Vashchuk

As soon as the designers of new technology necessary to create a workable unconditionally, uncluttered, elegant (if I may say about the system or machine) design, increasingly they turn to nature
Increasingly, they successfully find their desired prototype in the world of animals, insects or fish, and more or less successfully, repeat the most effective natural solutions in their designs to give the right to call this new solution, created in collaboration with nature, his invention
This was highlighted in the field of genetic engineering
The process of such genetic "ring-fencing" was natural, therefore, for years no one imagined the scale of what is happening.
The first more or less systematic assessment, and even then - only for Homo sapiens, was held in 2005. It turned out that scientists and biomedical companies own the rights to 20 percent (sic!) of all known human genes. What is the share today - is unknown.
Far from biology people know that their genes have long been owned by someone in the early 2000s, when the process of patents on the genes BRCA1 and BRCA2.
Mutations in these genes significantly increase the risk of breast and ovarian cancer in women. Biotech and diagnostics company Myriad Genetics in 1998 and 2000, respectively patented the two genes and their mutant variants and mutation detection techniques.
And already in 2001, laboratories engaged in testing for changes in the genes BRCA, received a letter demanding an end to all the work or to pay Myriad owed royalties.
The recipients of letters, as well as human rights and civil society organizations with this approach did not agree and sued the company in court.
The proceedings dragged on for many years, with much of the decision shall be in favor of Myriad. Plaintiffs stubbornly contested verdict, and the next stage of the hearings ended August 17, 2012. Appeals Court again held that patent biotech company on the genes BRCA1 and BRCA2 are legitimate.
The idea of assigning the right to one's genes looks wild and, in fact, most national laws specifically prohibit patenting of what has been created by nature (and the laws of nature, too.)
These arguments have repeatedly spoken in the courts and the public debate, but so far the patent lobby successfully discouraged all attacks. The arguments of those who believe that the right to use the genes inside us or whole organisms can stake a claim with any documents, not without logic and even some finesse.
DNA of living things created by nature? - So we're not that patenting DNA, which is inside the cells, isolated and purified molecules containing only the desired genes.
In nature, these molecules do not occur - therefore they can be considered the creation of man. Alleged to be patentable animals and cell cultures were generated not by man, but were born by natural processes? - The man introduced into the genomes of these creatures some changes (mostly patents obtained on genetically modified organisms), so naturally they do not exist, and are the creations of people.
This argument was used in the days of Louis Pasteur: in 1873 he patented a yeast strain, saying that "yeast, free from all parasites and infections are the industrial product." According to supporters of alienable rights to the use of biological objects, on their side is the basic patent law of the United States, in paragraph 101 of which (in the interpretation of the U.S. Congress) states that the object of patents can be "all that is in the sun and man."
Now interesting to consider these issues from the perspective of the inventor, and to establish habitual innovation using methods and techniques of TRIZ and ARIZ
TRIZ was conceived "as an exact science." What actually is TRIZ?
The apparent advantage of TRIZ is that it was an attempt to use the inventive problem solving dialectical approach associated with the identification and resolution of conflicts. To this end, TRIZ was developed by a special algorithm (ARIZ), which is a sequence of logical procedures to solve inventive representation problem in the form of contradictions and a number of recommendations to address them. Also, in the books on TRIZ cited a large number of interesting examples and problems, which themselves had greater cognitive value.
However, the theory of inventive problem solving had a number of significant flaws that apparently led to the stagnation in its development after the author's death, as well as to significant difficulties in its practical application. So what are these flaws.
The first is that the borrowing solutions from nature, where everything is in harmony, to find contradictions and resolve them more often the problem practically feasible
According to experts on TRIZ, perfectly articulated the problem already contains its solution. In our case, the new problem situations arise only when incompetent and careless copying natural solutions
TRIZ has compiled a list of standard methods of resolving contradictions, but unfortunately the systemic contradictions of TRIZ is not always similar to the contradictions in modern complex innovative systems, including in one integrative solutions and programs and algorithms, and composites, and more, that was just the unknown authors of TRIZ
Let's start with the environmental issues and innovation in this area
Environmental problems can not always be solved by technical means. For example, oil allows oil companies to ordinary feed himself and his family, owners of oil companies - to make a profit, the state receives taxes from which the pensions and salaries of doctors, police officers, librarians, etc.
But oil production has its drawbacks: polluting. Invite readers to reflect on the question, is it possible to overcome this contradiction with one of the standard methods presented in TRIZ and ARIZ?

Quickly, with the move, this might not happen, because the conflict is not only technical, but also social. If overcome purely technical contradictions, a list of standard techniques, for the social contradictions of such a list is not (or is not known to the authors, but may be, readers will be able to make it?).
In our view, it is necessary not only to deal with oil spills, how to replace the "black gold" other energy sources. Decline in oil production will automatically reduce the number of accidents. Another thing is that this solution greatly reduces the profits of oil companies. Agree whether this development of their owners?
Environmental problems are often only technical. For example, the depletion of natural resources can be formulated as a contradiction between the ever-increasing needs of humanity and the limited resources of the atmosphere, hydrosphere, lithosphere and biosphere.
It is unlikely that this problem will be solved only by creating new inventions. It should be noted that contradictions are not only technical. As part of TRIZ allocated administrative, technical and physical contradictions.
It is not always necessary to formulate a technical contradiction to use the techniques of technical contradiction. For example, in the Russian patent number 2266258 used method of "do it in advance."
The invention describes a method and apparatus for processing of oily sludge - waste oil, which are drilling waste containing oil, rocks, clay, cement, dissolved chemicals.
Oily sludge is pre-treated to obtain a uniform composition and viscosity of the mixture by its mixing, heating, and the introduction of an organic diluent, loading agent to work in two equal portions, with the first - before entering the treated oily sludge, and the second - at the same time with him, then injected fluid heated to 60-70 ° C, in the amount determined by the result of the analysis of samples of treated oily sludge.
Mixing of the components are in the mixer at a speed of 100-150 rpm for 15-20 minutes. Plant is equipped with the necessary to implement the method components and devices.
The invention provides processing any oily sludge, regardless of its nature and viscosity (oil, grease, oil, tar, etc.), date and place of burial, the moisture content of the sludge.
By reading this text, you meet with a special (clear, concise) Style spirit of the invention. Using this and other patents as a model, and based on some of the rules set out in our articles, you can place your own design in the form of application for the invention, and, who knows, maybe get a patent?

At the heart of a large number of processes and phenomena in nature and in technology are physical laws. Sometimes we use the knowledge of physics, not even thinking about it.
In TRIZ, selected and compiled into a separate index hundreds of physical phenomena used in patents and copyright certificates (some are in different applications and developments of the last time).
If you are interested in, the pointer will show you the evidence of good use of the laws of nature in the design of new technology, and, perhaps, will tell you the solution to stand before the technical problem.
It includes many of the physical effects that are yet to use and its "as applied" (it is not you be?).
Chemical effect - the effect of helping to resolve technical contradiction, and its peculiarity is that the effect is achieved by changing the chemical composition of the technical system or its parts. Chemical effects are very diverse, but to classify.
Next we will try to briefly show the way of analysis of possible stages of development and application multiple versions borrowed from nature (at the level of ideas) methods and sensors contact control
Required state of the project tools and technologies, at the start of their system development;
Must be:
Developed the basic design and technological principles of product
Made basic universal prototype of the product;
A series of preliminary tests of the product;
The adjustment of the universal prototype products based on the results of preliminary tests;
The preparation of materials for the patent application;
A strategy for patent and license protection technology;

Products for finishing to the stage of mass production and the active phase MARKETING
must meet the following work:
Development of the initial specifications for the product with the wishes and recommendations of potential customers;
Development of technical specifications for the project;
Technical proposal, including design, production and testing of models of the product;
Technical project, including design, manufacturing and testing of prototypes;
Detailed design, including the design, construction and testing of prototypes of the product;
Alignment and evaluation of products in compliance with applicable standards;
Certification of products in the institute of standards;
Production of the initial series of articles;
Pilot commercial operation adjusting the product line;
Development of marketing strategies;

Preparation program for the production and sale of products for the period of adaptation to the conditions of the market; study of warranty service, find a strategic partner, the first phase of active marketing;

TOOLS FOR RESONANT CONTROL water and other liquids must be completely FITNESS FOR A GOOD WORK IN THE FOLLOWING MAJOR INDUSTRIES - CONSUMER TECHNOLOGY:
Pharmaceutical industry
Microbiological Industry
Semiconductor production
Microelectronics
Energy, INCLUDING NUCLEAR POWER PLANTS
Industrial air conditioners
Water treatment in all branches of industry, residential, industrial and public buildings and facilities
Fine Chemical Technology
Manufacture of cosmetic products
Production of alcoholic and non-alcoholic drinks
Food processing industry
Greenhouse
Irrigation technology in agriculture
Electroplating and electrochemical production
Petroleum facilities

Products of mass demand, which should be the result of the completed project:
1. Indicator of household cleanliness of tap water;
2. Industrial indicator of purity of tap water;
3. Pipe sensor for non-contact monitoring the conductivity of liquids, made on the basis of industrial piping components of polyvinyl chloride workers pipe diameters - 1/16, 1/8; ?; 3/8; ?; ?; 1, 1-1/4, and then at intervals of ? inch to 4 inch pipe is designed for integration into automatic production control;
4. Pipe sensor for non-contact monitoring the conductivity of liquids, made on the basis of industrial piping components made of polypropylene, working diameter similar to paragraph 3, the pipeline is to be built into the automatic control system of production;
5. Autonomous pipeline sensor to control the conductivity of liquids, made on the basis of industrial piping components of PVC, working diameter similar to paragraph 3;
6. Autonomous pipeline sensor to control the conductivity of liquids, made on the basis of industrial piping components made of polypropylene; Swing like punktu3;
7. Piping systems, sensors, see item 3 - 6, made on the basis of industrial piping components made of polycarbonate;
8. Piping systems - sensors, similar to items 3-6, made on the basis of industrial piping components of Teflon, composite polymers, thermosetting plastics, polymers with different fillings and of heat-resistant materials;
9. System of sensors embedded in the automatic control systems, non-contact monitoring of the fluid in the pipes with a diameter larger than 4 inch pipes made of polyvinyl chloride, polypropylene, of heat-resistant polymers, of thermosetting plastics;
10. System of sensors, in accordance with paragraphs 3.9, intended for the control of fluid supplied to the irrigation systems in agriculture;
11. System of sensors, in accordance with paragraphs 3.9, intended for the control of liquids in the complexes of irrigated agriculture;
12. System of sensors, in accordance with paragraphs 3.9, intended for the control of liquids in agricultural greenhouse complexes;
13. Non-contact level sensors with horizontal method of installation;
14. Non-contact level sensor with a vertical method of installation;
15. Integrated system of sensors and sensor-level quality control;

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