Monthly Archives: January 2010

The problem with patents

After recently (January 7, 2010) posting comments about the problems of patents being used as a measure of scientific innovation and progress, I found this eloquent description on Techdirt,

Almost a third of our portfolio is under attack by patent trolls. Is it possible that one third of the engineering teams in our portfolio unethically misappropriated technology from someone else and then made that the basis of their web services? No! That’s not what is happening. Our companies are driven by imaginative and innovative engineering teams that are focused on creating social value by bringing innovative new services to market.

Our companies are being attacked by companies that were not even in the same market, very often by companies they did not even know existed….

I know of no case where the engineers in one of our companies were aware of the patents that are now being used to attack them. The moral rightness of this screams at me. If, as an engineer focused on solving a problem, I happened to come up with an idea that is in some way similar to yours, then that in itself should suggest that it was obvious and not patentable. Unfortunately, that does not really help. There, the burden of proof is still on the startup and it is still smarter to settle than to burn precious capital on a defense.

If, on the other hand, the troll was required to show the startup had some prior knowledge of their technology, the burden would be shifted to the attacker, and this blatant abuse would come to a grinding halt. If you believe as I do that innovation is key to social progress, please support patent reform. It is a complicated issue, but an independent invention defense is an obvious place to start.

The individual making the comments is a partner in a well respected venture capital firm that specializes in internet-related issues. You can read more of the Techdirt article here.

The US records many patents but are they good patents or patents that are intended to the lay groundwork for a payout? I assume the practice of filing nuisance patents is not confined to the US alone although the practice is not as common in Canada. I’m not sure I’d ascribe that to our better national character so much as there is less financial incentive. All of which takes me back to the 2009 OECD scoreboard which uses patents as a measure of scientific progress and my idle thoughts about it all here.

You might want to take a look at one of Rob Annan’s (Don’t leave Canada behind) postings about Canada’s Green brain drain? This is more fallout from the last federal budget.

Canada, nanotechnology, and food

On the heels of last week’s House of Lords report (Nanotechnologies and food) I thought I’d take a look at the Canadian scene. Here’s what I found after a fast online search.  Health Canada has a nanotechnology web page here. It doesn’t seem to have been updated since early 2007.  There are no links or reports posted, just a promise such as this found on the web page,

Regulating products to ensure the health and safety of Canadians and the environment is a priority for Health Canada. Currently, the Department is using the existing legislative and regulatory frameworks to regulate applications of nanotechnology, but it is recognized that new approaches may be necessary in the future to keep pace with the advances in this area.

There is a description of the Canadian situation on a webpage hosted by the International Union of Food Science and Technology and Institute of Food Technologists here, titled An Overview of Food Related Nanoscience in Advanced Foods and Materials Network (AFMNet) and in Canada authored by Rickey Yada and Lorraine Sheremata [sic]. This doesn’t appear to have been updated after late 2007. From the web page,

In conclusion, although nanoscience research efforts in Canada have progressed substantially over the past few years with the activities of AFMNet, NINT [National Institute of Nanotechnology] and regional nodes, a number of issues still remain to be addressed: major gaps still exist in our understanding of the health, safety, environmental and societal impacts of nanotechnology – filling these gaps will be critically important to the long term success of nanotechnology; in order for the benefits of science and technology at the nanoscale level (e.g. reproductive and genetic technologies, regenerative medicine, synthetic biology, food science) to be realized and accepted, public trust will have to be gained via a coherent and rational approach to stewardship and finally; careful planning and strategic research coordination is necessary to avoid duplication of research efforts, thereby, allowing for synergistic and complementary efforts.

You can visit AFMNet here if you’re curious about this academic organization which gives information useful to researchers.

Interestingly and since the last time I looked (probably mid-2009), the National Institute of Nanotechnology has added a NE3LS (Nanotechnology Ethical, Environmental, Economic, Legal and Social Issues) research programme here. Coincidentally, Lorraine Sheremeta (one of the authors of the food science and nanotechnology web page I referenced just previously) is a member of this research group. From the web page,

The NE3LS researchers focus on understanding the development of nanoscience and technology within a broader societal and transnational context. Current and ongoing research is focused on the development of a deeper understanding of issues related to the environment, human health and safety, law, policy and ethics, public opinion, commercialization and the development of a socio-historical analysis of the growth of nanoscience and technology.

NE3LS research has an important role to play in ensuring that acceptance or rejection of nanotechnology by society is based on a genuine understanding of specific technologies and the appropriate weighing of risks and benefits (both known and potential).

As I’m coming to expect, there are no posted reports and no links to more information.

I gather the Canadian government believes that food, health, and safety as regards nanotechnology is important but no additional information is to be shared with the rest of us.

Other responses to the nanotechnologies and food report by UK House of Lords Committee; The Economist weighs in on Canada’s prorogued parliament; Typographic amusement

After posting my responses to the report (House of Lords Committee on Science, Technology and Industry: Nanotechnologies and food) late yesterday, it’s interesting to see what other people are saying. As per the headlines, most of the focus has been on the food industry’s secrecy about its nanotechnology research. Here are a couple samples at BBC News and at Nanowerk. I was a little surprised to see that Andrew Maynard extolled the two sections (regulation and communication) that I thought were the weakest.  Andrew’s review is here. He also deconstructs a ‘tabloid science’ article about the report in the UK’s Daily Mail here to discover that there’s some good reporting hidden after the headlines.

I don’t usually comment on the doings of the Canadian Parliament and I’m not breaking with my own tradition since Stephen Harper, for no apparent reason, has prorogued parliament until March 2010. I gather I’m not the only one who’s somewhat upset, The Econ0mist has been scathing in its criticism of the move as per this article at CBC News and at least one poll indicates that the Canadian populace is not amused.

For a complete change of pace (and thanks to an article by Fast Company’s Cliff Kuang), I’m going to direct you to a website where you can discover which typeface best expresses your personality,

What Type are You? (Password: Character)

Typefaces are fascinating to me and this sit is a lot of fun if you share the interest. You might want to read Cliff Kuang’s article first so the analyst doesn’t surprise you. Also, I must confess it took me a few too many minutes to figure out what to do and the analyst made sure I was aware of it in a most amusing fashion.

Happy weekend!

Quick peek at nanotechnologies and food report from UK House of Lords

After getting  an advance copy of the new report from the UK’s House of Lords Science, Technology and Industry Committee (mentioned in my post of Jan.5.10), I spent a good chunk of the day reading it. These are fast impressions:

  • it seemed quite thorough relative to the scope of the investigation and from the perspective of a Canadian who hasn’t seen her own government investigate and make public information about the state of any nanotechnology research, I found this to be quite refreshing
  • there was something strange about the benefits and that strangeness was the focus on obesity and waste…much else is mentioned but obesity and waste (i.e. reducing both) are strongly emphasized as possible areas where benefits could be experienced.
  • secrecy on the part of the food industry’s nanotechnology research was noted and discussed at length with an analysis that was both sympathetic to the industry’s concerns (i.e. that there would be a replay of the GM and food irradiation controversies and/or competition would be inhibited) and adamant that adopting secrecy as a strategy is wrong-minded.
  • nanotechnology research in the UK is coordinated through a single agency (I believe that’s true in the US as well but it’s definitely not the case in Canada).
  • they were quite critical of the current toxicology research efforts, irrespective of nanotechnology, there aren’t enough toxicology researchers in the UK as well there’s a specific problem with the nanotoxicology, i.e. knowledge gaps (from the report [and they are quoting from a previous report], pp. 34-5 ),

EMERGNANO report states that “this review of ongoing studies has failed to demonstrate that there is any comprehensive attempt to gain the toxicokinetic … data required to reach the aims of hazard identification” and there have been “no systematic studies on the potential of different kinds of nanoparticles to get into the blood, the lymph or the brain”. We find this conclusion worrying.

We are disappointed and concerned that the Research Councils have not adopted a more pro-active approach to encourage and stimulate research bids in areas where existing mechanisms have so far proved ineffective. Dr Mulkeen told us that the MRC would take “more active steps if needed” to develop research into the safety of nanotechnologies (Q 420). We feel that a more pro-active stance is essential given the lack of progress in several key areas to date.

  • some of the difficulty re: nanotoxicology research seems to be attributable to the funding structure (from the report p. 35),

The 2007 review by the CST concluded that the primary reason for the Government’s slow progress on health and safety research was due “to an over-reliance by Government on responsive mode funding, rather than on directed programmes by Government departments to deliver the necessary research”.44 A number of witnesses supported this view. Professor Donaldson, for example, told us: “If we look at the Royal Academy/Royal Society report, there was a really important paragraph that there should be a central core-funded chunk of research and expertise brought together to design a programme that would look systematically at nanoparticle toxicology, and that was ignored. We had response mode funding where people just put forward what they wanted to do, so what you get is piecemeal” (Q 267).
Professor Jones also alluded to the relative strength of research investigating nanoparticle toxicology in the lung compared to a lack of research into the
gut as a result of response-mode funding (Q 494).

  • there is a huge difference between the funds for nanotechnology research (one agency spent 220 million pounds on nanotech research over a 5 year period) and funds for nanotoxicology research (less than 600,000 pounds per annum or less than 3 million pounds in a five year period) which I imagine is much  the same elsewhere.
  • they do mention Canada as a country that has announced a mandatory register of nanomaterials which will include information on safety data (this register has been referred to in other reports but no one ever cites a source and I’ve never been able to confirm that this register is actually being developed).
  • in their recommendations for regulatory enforcement they seemed to be reinforcing the status quo or bringing the UK into line with current European Union practices.
  • in the last bit they discuss communication, i.e. there should be yet another survey of public attitudes although this will be about nanotechnologies and food, they acknowledge the government’s decision to create a new website on the subject, they’d like it if the government would work with the industry folks to become more open about their research, there won’t be blanket labelling of nanotechnology on  food products, and they think public engagement should be undertaken.

The last two bits, regulation and communication, are the least developed sections of the report. I found that overall there was a good balance between sympathy for industry interests and concern for health issues. Some of the strongest language in the report was used in the sections on nanotoxicology and its lack of research.

Idle thoughts about the OECD 2009 Science, Technology and Industry Scoreboard, patents, and scientific productivity

I’m always intrigued that  patents are used as a means of measuring scientific productivity especially as there is some talk that they inhibit rather than encourage research efforts. (I have an earlier posting about this here.) This is by way of noting that the OECD’s (Organization for Economic Cooperation and Development) Canada highlights (part of the 2009 Science, Technology and Industry Scorecard) had this to say,

Canada has a low number of patents (21 per million inhabitants in 2005-07) compared to the OECD (33) and the G7 average (48).

Other indices are used as well and I’ve not examined it thoroughly enough to comment on the scorecard itself.

Now back to today’s theme, patents as a measure of scientific productivity. Patents are filed for any number of reasons not just to protect the inventor’s/researcher’s interests but also to intimidate others into abandoning their work or to lay grounds for future legal suits for heinous amounts of money (people who do this are called patent trolls). The question I have is do: the registered patents represent active scientific work? I can’t imagine that this question can be answered by looking at patent registration numbers.

Reverse engineering the brain Ray Kurzweil style; funding for neuroprosthetics; a Canadian digital power list for 2009

After much hemming and hawing, I finally got around to reading something about Ray Kurzweil and his ideas in an interview at the H+ site and quite unexpectedly was engaged by his discussion of consciousness. From the interview,

I get very excited about discussions about the true nature of consciousness, because I‘ve been thinking about this issue for literally 50 years, going back to junior high school. And it‘s a very difficult subject. When some article purports to present the neurological basis of consciousness… I read it. And the articles usually start out, “Well, we think that consciousness is caused by…” You know, fill in the blank. And then it goes on with a big extensive examination of that phenomenon. And at the end of the article, I inevitably find myself thinking… where is the link to consciousness? Where is any justification for believing that this phenomenon should cause consciousness? Why would it cause consciousness?

Some scientists say, “Well, it‘s not a scientific issue, therefore it‘s not a real issue. Therefore consciousness is just an illusion and we should not waste time on it.” But we shouldn‘t be too quick to throw it overboard because our whole moral system and ethical system is based on consciousness.

The article is well worth a read  and I have to say I enjoyed his comments about science fiction movies. I’m not enamoured of his notion about trying to reverse engineer brains no matter how ‘mindfully’ done. I suspect I have a fundamental disagreement with many of Kurweil’s ideas which as far as I can tell are profoundly influenced by his experience and success in IT (information technology).

Unlike Kurzweil, I don’t view the brain or genomes as computer codes but I will read more about his work and ideas as he makes me think about some of my unconscious (pun intended) assumptions. (Note: in the H+ article Kurzweil mentions some nanotechnology guidelines from what the interviewers call the Forsyth Institute, I believe Kurzweil was referring to the Foresight Institute’s nanotechnology guidelines found here.)

I guess I’m getting a little blasé about money as I find the $1.6 million US funding awarded to help with neuroprosthetics for returning US soldiers a little on the skimpy side. From the news item on Nanowerk,

The conflicts in Iraq and Afghanistan have left a terrible legacy: more than 1,200 returning American soldiers have lost one or more limbs. To address this growing national need, researchers at Worcester Polytechnic Institute (WPI) are laying the groundwork for a new generation of advanced prosthetic limbs that will be fully integrated with the body and nervous system. These implantable neuroprosthetics will look and function like natural limbs, enabling injured soldiers and the more than 2 million other amputees in the United States lead higher quality, more independent lives.

As for making these limbs more natural looking, I find this contrasts a bit with some of Lanfranco Aceti’s work  (I first posted my comments about it here) where he notes that males (under 50) don’t want limbs that look natural. I don’t if he or someone else has followed up with that but it certainly poses an intriguing question about how we may be starting to view our bodies, gender differences and all.

Michael Geist has a 2009 Canadian digital power list on The Tyee website here. I was surprised that Gary Goodyear (Minister of State for Science and Technology) received no mention, given his portfolio.

Forthcoming report by UK House of Lords on nanotechnologies and food; Nike uses nanocoating for new running shoe; quick reference to OECD scorecard; funny technology predictions

Later this week (Jan.8.10), the UK House of Lords Science and Technology Committee will be releasing a report on nanotechnologies and the food industry. From the news item on Azonano,

The Committee has been looking in detail at the use of nanotechnologies in the food industry and has explored how these technologies are likely to develop. It has considered where government might need to develop regulations and effective communications to ensure public confidence is maintained.

The news item (media advisory) tells you who to contact if you want to attend a press conference, interview the principals, and/or get your hands on the embargoed report in advance.

For most people nanotechnology continues to be something associated with sports equipment and clothing and the latest  from Nike will do nothing to change that. From the news item on Azonano,

Sneakerheads will get an additional performance benefit with the latest launch of Nike Lunar Wood TZ. Using technology by P2i, the world leader in liquid repellent nano-coating technology, Nike’s new lightweight and comfortable running shoe will keep wearers dry during the wettest of winters.

P2i’s ion-mask™ technology applies a nanoscopic protective polymer layer to the whole shoe, on which water forms beads and simply rolls off, instead of being absorbed. Because ion-mask™ gives the whole shoe (including the stitching) superior water repellency, it delivers two crucial benefits; one, it stops external water getting in and two, it encourages evaporated perspiration to flow out.

According to P2i, this coating technology (ion-mask) is environmentally friendly. I have mentioned them before but the last time was in relation to military and police use of their coating technology.

The OECD has released its Science, Technology and Industry ‘scoreboard’ which also includes individual country notes for seven countries (Canada, France, Germany, Italy, Japan, UK, and US). I have looked at some of the country notes and some of the material in the scoreboard online. Unfortunately, this is one of those things I find easier to read in print as they have set up a system that requires a lot of clicking. The news item on Azonano is here, the link to information about the scoreboard, country notes, and more is here, and the link to the web version of the scoreboard document is here. Or you may want to wait for Rob Annan’s (Don’t leave Canada behind) promised in his Jan.4.10 posting comments and analysis.

Thanks to the NISE (Nanoscale Informal Science Education) Network January 2010 newsletter, I found a Wall Street Journal (online) article by L. Gordon Crovitz on technology predictions that has these gems,

“The Americans have need of the telephone, but we do not. We have plenty of messenger boys,” Sir William Preece, chief engineer at the British Post Office, 1878.

“Who the hell wants to hear actors talk?” H.M. Warner, Warner Bros., 1927.

“I think there is a world market for maybe five computers,” Thomas Watson, chairman of IBM, 1943.

“Television won’t be able to hold on to any market it captures after the first six months. People will soon get tired of staring at a plywood box every night,” Darryl Zanuck, 20th Century Fox, 1946.

“The world potential market for copying machines is 5,000 at most,” IBM executives to the eventual founders of Xerox, 1959.

“There is no reason anyone would want a computer in their home,” Ken Olsen, founder of mainframe-producer Digital Equipment Corp., 1977.

“No one will need more than 637 kb of memory for a personal computer—640K ought to be enough for anybody,” Bill Gates, Microsoft, 1981.

“Next Christmas the iPod will be dead, finished, gone, kaput,” Sir Alan Sugar, British entrepreneur, 2005.

It’s a good read (there are more gems) but I can’t laugh too hard as whenever I need to take myself down a peg or two I remember my first response to VCRs. I didn’t see any point to them.

Finally, thanks again to the NISE Net newsletter for the monthly haiku,

Cash @ nanoscale:
Nickel, copper, zinc atoms…
My account balance?
by David Sittenfeld, Program Manager of Forums at the Museum of Science, Boston.

More than the “Emperor’s New Clothes” insight

Happy 2010 to all! I’ve taken some time out as I have moved locations and it’s taken longer to settle down that I hoped. (sigh) I still have loads to do but can get back to posting regularly (I hope).

New Year’s Eve I came across a very interesting article about how scientists think thanks to a reference on the Foresight Institute website. The article, Accept Defeat: The Neuroscience of Screwing Up, by Jonah Lehrer for Wired Magazine uses a story about a couple of astronomers and their investigative frustrations to illustrate research on how scientists (and the rest of us, as it turns out) think.

Before going on about the article I’m going to arbitrarily divide beliefs about scientific thinking/processes into two schools. In the first there’s the scientific method with its belief in objectivity and incontrovertible truths waiting to be discovered and validated. Later in university I was introduced to the 2nd belief about scientific thinking with the notion that scientific facts are social creations and that objectivity does not exist. From the outside it appears that scientists tend to belong to the first school and social scientists to the second but, as the Wired article points out, things are a little more amorphous than that when you dig down into the neuroscience of it all.

From the article,

The reason we’re so resistant to anomalous information — the real reason researchers automatically assume that every unexpected result is a stupid mistake — is rooted in the way the human brain works. Over the past few decades, psychologists [and other social scientists] have dismantled the myth of objectivity. The fact is, we carefully edit our reality, searching for evidence that confirms what we already believe. Although we pretend we’re empiricists — our views dictated by nothing but the facts — we’re actually blinkered, especially when it comes to information that contradicts our theories. The problem with science, then, isn’t that most experiments fail — it’s that most failures are ignored.

The DLPFC [dorsolateral prefrontal cortex] is constantly censoring the world, erasing facts from our experience. If the ACC  [anterior cingulate cortex, typically associated with errors and contradictions]] is the “Oh shit!” circuit, the DLPFC is the Delete key. When the ACC and DLPFC “turn on together, people aren’t just noticing that something doesn’t look right,” [Kevin] Dunbar says. “They’re also inhibiting that information.”

Disregarding evidence is something I’ve noticed (in others more easily than in myself) and have wondered about the implications. As noted in the article, ignoring scientific failure stymies research and ultimately more effective applications for the research. For example, there’s been a lot of interest in a new surgical procedure (still being tested) for patients with multiple sclerosis (MS). The procedure was developed by an Italian surgeon who (after his wife was stricken with the disease) reviewed literature on the disease going back 100 years and found a line of research that wasn’t being pursued actively and was a radical departure from current accepted beliefs about the nature of MS. (You can read more about the MS work here in the Globe and Mail story or here in the CBC story.) Btw, there are a couple of happy endings. The surgeon’s wife is much better and a promising new procedure is being examined.

Innovation and new research can be so difficult to pursue it’s amazing that anyone ever succeeds. Kevin Dunbar, the researcher mentioned previously, arrived at a rather interesting conclusion in his investigation on how scientists think and how they get around the ACC/DLFPC action: other people.  He tells a story about two lab groups who each had a meeting,

Dunbar watched how each of these labs dealt with their protein problem. The E. coli group took a brute-force approach, spending several weeks methodically testing various fixes. “It was extremely inefficient,” Dunbar says. “They eventually solved it, but they wasted a lot of valuable time.”The diverse lab, in contrast, mulled the problem at a group meeting. None of the scientists were protein experts, so they began a wide-ranging discussion of possible solutions. At first, the conversation seemed rather useless. But then, as the chemists traded ideas with the biologists and the biologists bounced ideas off the med students, potential answers began to emerge. “After another 10 minutes of talking, the protein problem was solved,” Dunbar says. “They made it look easy.”

When Dunbar reviewed the transcripts of the meeting, he found that the intellectual mix generated a distinct type of interaction in which the scientists were forced to rely on metaphors and analogies [my emphasis] to express themselves. (That’s because, unlike the E. coli group, the second lab lacked a specialized language that everyone could understand.) These abstractions proved essential for problem-solving, as they encouraged the scientists to reconsider their assumptions. Having to explain the problem to someone else forced them to think, if only for a moment, like an intellectual on the margins, filled with self-skepticism.

As Dunbar notes, we usually need more than an outsider to experience a Eureka moment (the story about Italian surgeon notwithstanding and it should be noted that he was an MS outsider); we need metaphors and analogies. (I’ve taken it a bit further than Dunbar likely would but I am a writer, after all.)

If you are interested in Dunbar’s work, he’s at the University of Toronto with more information here.