Skilled Person Research Articles

I Think, Therefore I Invent: Creative Computers and the Future of Patent Law

An innovation revolution is on the horizon. Artificial intelligence has been generating inventive output for decades, and now the continued and exponential growth in computing power is poised to take creative machines from novelties to major drivers of economic growth. A creative singularity is foreseeable in which computers overtake human inventors as the primary source of new discoveries.In some cases, a computer’s output constitutes patentable subject matter, and the computer rather than a person meets the requirements for inventorship. Despite this, and despite the fact that the Patent Office has already granted patents for inventions by computers, the issue of computer inventorship has never been explicitly considered by the courts, Congress, or the Patent Office. Yet the issue of whether a computer can be an inventor is an eminently practical one — not only do inventors have ownership rights in a patent, but failure to list an inventor can result in a patent being held invalid or unenforceable.Drawing on dynamic principles of statutory interpretation and taking analogies from the copyright context, this article argues that creative computers should be considered inventors under the Patent and Copyright Clause of the Constitution. Treating nonhumans as inventors would incentivize the creation of intellectual property by encouraging the development of creative computers. The article proceeds to address a host of challenges that would result from computer inventorship, ranging from ownership of computer-based inventions, to displacement of human inventors, to the need for consumer protection policies.This analysis applies more broadly to nonhuman creators of intellectual property, and explains why the Copyright Office came to the wrong conclusion with its Human Authorship Requirement. Just as permitting computer inventorship will further promote the progress of science, so too will permitting animal authorship promote the useful arts by creating new incentives for people.Finally, computer inventorship provides insight into other areas of patent law. For instance, computers could replace the hypothetical skilled person that courts use to judge inventiveness. This would provide justification for raising the bar to patentability and would address one of the most serious criticisms of the patent system — that too many patents of questionable value are issued. Creative computers may require a rethinking of the baseline standard for inventiveness, and potentially of the entire patent system.

Using Confluence Theory to Make Unusual Predictions about Desire, Expectation, and Intention Attributions

<p>The intention attribution literature suggests that a success or a failure by a skilled person will result in a large difference in the intentions others will attribute to that person, but that this effect will be attenuated dramatically if the person is unskilled. The received literature is less clear about what to predict for desire attributions or expectation attributions. Based on a recent theory, the confluence theory (Trafimow, 2009), we predicted very little attenuation for desire attributions and only moderate attenuation for expectation attributions. These findings were confirmed across six experiments. Together, the experiments suggest an attenuation continuum where the attenuation effect increases as attributions pertain to variables more proximal to actual behavior.</p>

HOSPIRA UK LIMITED v GENENTECH INC

H1 Patent – European patent – Combination drug for treatment of breast-cancer – Action for revocation – Purpose-limited process claims – Purpose-limited product claims – Construction – ‘For’ claims – Skilled person – Common general knowledge – Lack of novelty – Anticipation – Disclosure of existence of clinical trials – Whether claimed clinical benefit directly and unambiguously disclosed – Inevitable result – Mental element in claim – Obviousness – Fair expectation of success – Skilled person’s assessment of prior art

熟練工芸士の檀紙製造における刷毛さばきの手首の技

Some of handmade Japanese paper in a unique process to a state the wet paper before the drying process , high value-added Danshi is manufactured. Currently, Danshi in Ehime Prefecture, has accounted for more than half of the Danshi production volume of the whole country. However, on the verge of successor shortage also coupled survive. Therefore, we focused on the brush of judgment in Danshi production that is currently handed down in Shuso district of Ehime Prefecture, the operation of skilled person is going to unconsciously ie tacit knowledge, the difference of the physical behavior of the non-expert and, do the interviews about them, this time, focusing on the movement of the wrist of a brush of judgment to make a "clean grain" of the skilled person, an attempt was made to clarify the knack. As a result, the angle of the wrist that eventually converge to 155 [deg], the wrist is the load that the wet paper in which the amplitude at 10 [Hz] and disconnect the power to the vibration of the 20 [deg] since revealed, such as it is doing a brush of judgment is not applied, to report.

Professional self-fulfilment of skilled people of different professional groups and specialities

Objective trends of society development encourage substantially increased attention to the problem of person’s self-fulfilment. Its insufficient understanding determines the necessity of its theoretical justification as well as empirical study. The article presents the research aimed at determination of comparative features of professional self-fulfilment of skilled person working at 10 different lines of profession

HTC CORPORATION v GEMALTO S.A.

H1 Patents – European patent – Telecommunications – Smart cards for mobile phones – Infringement – Validity – Construction – Meaning of “microcontroller” – Priority – Whether disclosure of priority document limited to particular means of compressing an application – Applicable test – Importance of the skilled person’s mental backdrop – Appeal to Court of Appeal

Development and application of a weather data service client for preparation of weather input files to a crop model

Crop yield prediction has been made using a crop growth model that relies on four categories of input data including soil, crop, management, and weather. Most crop models are single column models, which require individual weather inputs for each site of interest. The objectives of this study were to develop a weather data service client that prepares weather input files for a crop growth model and to examine its application to yield prediction at a national scale. The weather data service client downloads daily weather data from the web-based weather data service portal operated by the Korea Meteorological Administration (KMA). The client also prepares weather input files for the ORYZA 2000 model at minimum effort. In total, 4950 input files were prepared to predict rice yield in 2011 and 2012 using the weather data service client. To prepare nearly 5000 weather input files, it would take more than a month for a skilled person to download weather data from the KMA database and to reorganize those data to the input data format for the ORYZA 2000 model manually. Using the weather data service client, several hours were enough to prepare all the input files without error associated with manual preparation as well as with minimum effort and labor.

Mobile Recording Microscope

Microscope is an important diagnostic tool used widely in Science Technology. The widespread use of this tool can be seen in Medicine, Nuclear Sciences, and Education etc. Several attempts are being carried out to make microscopes easy to handle and user friendly. One such approach is the Mobile Recording Microscope which can be built using a simple smart phone. Unlike conventional microscopes, the mobile recording microscope uses the camera integrated in smart phones to record images. This reduces the efforts needed to store and transfer the recorded data. The replacement of wired medium and computer for recording images reduces the cost, space and difficulties incurred in use of microscopic devices. The hand-held smart phone for recording images assures anywhere and anytime use of the microscope. These advantages favour common man to use it independently without the assistance of a skilled person.

Anti Collision and Secured Level Crossing System

road and rail accidents are increasing with the advancement of human errors. Majority of the level crossing positions are not guided by any accident preventive mechanism and even not accompanied by a skilled person. This paper presents an automatic rail gate control system at level crossing positions and accident prevention mechanism. Two vibration sensors are used to control the open and close state of the gate at level crossing position. An ultrasonic sensor is positioned to detect an unauthorized object on the track. Open and Close status of the gate and unauthorized object on the track will be communicated with the central control room using wireless communication protocol. The experimental results proved the proposed mechanism is a prudent approach to safeguard the human and to curtail the train accidents.

Efeito da demonstração distribuída na aprendizagem do saque do voleibol

O presente estudo investigou o efeito da distribuição das demonstrações na aprendizagem do saque japonês do voleibol. Dezoito sujeitos foram distribuídos em três grupos: G1 (oito demonstrações anteriores à prática), G2 (quatro demonstrações anteriores e quatro na 40º tentativa) e G4 (duas anteriores, duas na 20º, 2 na 40º, duas na 60º tentativas). A execução de uma pessoa habilidosa na tarefa foi filmada e utilizada como forma de demonstração para todos os grupos. O experimento consistiu de pré-teste com 10 tentativas, fase de aquisição com 80 tentativas e teste de retenção após 24 horas com 10 tentativas. Os resultados mostraram que as demonstrações anteriores à sessão de prática levaram a melhoras no escore e a demonstração distribuída levou a melhoras no padrão de movimento.

Effect of milking routine performance and turnover of personnel on milk losses in dairy herds

It is common to observe large within-herd variation in milking personnel performance (MPP) and turnover (TO) over time. Assessing team performance, resolution of conflicts, and comprehensive training of dairy personnel are critical tasks to achieve consistent performance of dairy herds. One of the positive aspects about TO is that it provides opportunities for remaining team members to increase or change responsibilities. Some herds keep a multi skilled person(s) who serves as the trainer and is readily available, but not allocated to any specific mandatory daily role on the farm, to plug the gaps caused by absentees with the goal of maintaining productivity levels. The objective of this study was to assess the effect of MPP (95% versus 85%) and TO of personnel (5% versus 30%) on milk losses of dairy herds.

Skilled health personnel attended delivery as a proxy indicator for maternal and perinatal mortality: a systematic review.

Several demographic and health surveys in Africa have shown the high prevalence of home delivery, but little is known how strongly skilled person unattended deliveries are associated with maternal and perinatal mortality. The aim of this review was to assess the gross correlation of maternal mortality ratios (MMR) and perinatal mortality rates (PMR) with the proportion of skilled health personnel attended deliveries. In this study, a systematic review was conducted after a computer based literature search was run in the electronic databases from 1990 through September 2013. Bivariate linear regression analyses were done for the proportion of skilled person attended deliveries in relation with MMR, stillbirth and neonatal mortality rates using national survey data of 41 African countries. African countries with relatively small population sizes and with middle to high income were found to have above 90% skilled person attended deliveries. Several African countries with a high proportion of skilled person attended deliveries (60%-100%) were able to reduce the MMR to the range of 56-370/100,000 live births. Several Sub Saharan African (SSA) countries were far from their northern counterparts. The regression analyses demonstrated a negative correlation of the proportion of skilled health personnel attended deliveries with the MMR, stillbirth rate and neonatal mortality rate. According to the national data of the included African countries, skilled delivery attendance was associated with significant reduction of maternal, fetal and neonatal mortality. SSA countries need to benchmark the experience of the North African countries to reduce the high maternal and perinatal deaths.

Commentary: Reasons for Persistently High Maternal and Perinatal Mortalities in Ethiopia: Part III–Perspective of the “Three Delays” Model

From the experience of high-income countries, the occurrence of all obstetric complications may not be preventable but almost all are treatable before resulting in serious maternal and perinatal morbidity and mortality (1, 2). The interventions may start at preconception; however, providing optimal obstetric care for all pregnant women starting from early pregnancy up to the end of puerperium has paramount significance in the reduction of maternal and perinatal deaths. Specific to low and middle-income countries, improving the intrapartum monitoring and access to a cesarean section and blood transfusion were highly recommended as key interventions to reduce maternal and perinatal deaths (3, 4). According to the Federal Ministry of Health of Ethiopia 2011/2012 Health and Health Related Indicators report, however, the proportion of at least four visits antenatal care was 19%; total births attended by skilled health personnel were 16.6%; and the proportion of cesarean delivery was about 1% (5), while the WHO cesarean delivery recommendation is 5%–15% for the general population (6). These reports indicate the big gap in utilizing reproductive health services before and after conception. In addressing issues regarding maternal and perinatal death rates, the “three delay” model is frequently used to consider factors that may be obstacles for women receiving appropriate medical care. The three delay model was initially proposed by Thaddeus and Maine in 1990 (7). The components of this model include the delays of the decision to seek health care (8), the ability to get access to a health facility (9) and receiving medical care timely and appropriately once the facility is reached (10). It is generally recognized that diminished access to facilities providing emergency obstetric care contributes to increased maternal and perinatal mortality (11, 12). The purpose of this review was to look into the high maternal and perinatal mortality from the perspective of the three delays models and to show the complexity and interlink of predisposing factors for maternal and perinatal deaths. As discussed in other articles (13, 14), the factors for high maternal and perinatal mortality in the last three decades were multidimensional (the extremely low number of health facilities and health professionals, low adult literacy rate, low utilization of contraceptive methods, high total fertility rate, high early marriage and adolescent pregnancy, low antenatal care service, low skilled person attended deliveries, and rampant harmful traditional practices). The main focus of this review is the “Delay Model”. To summarize these complex and interlinked factors for the increased risk of maternal and perinatal deaths in Ethiopia, a simplified schematic presentation from the perspective of the “three delays” model (Figure 1). As a complimentary, two more schematic presentations were developed from the perspective of “etiologic” factors (Figure 2), and to show the multidimensional nature of maternal mortality (Figure 3). Open in a separate window Figure 1 Contextual factors that contribute to high maternal and perinatal mortality in Ethiopia, using the “Delay model”

INFORMATION SOCIETY: THE MODERNIZATION OF HIGHER EDUCATION DURING TRANSITION

Objective: To identify the main directions of modernization of higher education during the transition to the information society. Method of work: Theoretical analysis. Results: Theoretical analysis of “knowledge society” and “information society” concepts is provided. The following functions of higher education under the new socio-economic conditions are defined: socialization of an individual in the course of assimilation to socially accepted values and norms, establishing mechanisms for integration in the socio-professional structure of society, as well as formation of a social resource. We identify the key skills of person associated with the ability to use knowledge, develop useful professional information, make independent decisions and predict their consequences. By considering higher education as an important resource for the development of society as a whole, the authors determined the basic principles of creating conditions for sustainable development of regional systems of higher education, including the involvement in Russian, European and world educational space, reflection of federal and regional interests in the content of education, control of regional educational policy within preservation of a single Russian educational space, and updating the content of higher professional education based on trends in the development of modern higher education. DOI: http://dx.doi.org/10.12731/2218-7405-2013-12-5

Obviousness Post KSR and Predictability

Post KSR Decisions have observed development in theory of obviousness and predictability is one major significant aspect while determining obviousness. Chemical compounds show unpredictable property and chemical science is also referred as unpredictable art; nevertheless unpredictability of invention from prior art teachings is viewed as criteria to test obviousness. If a person of ordinary skill can implement a predictable variation, §103 likely bars its patentability. When a person of ordinary skill is faced with a finite number of identified, predictable solutions to a problem and pursues the known options within his or her technical grasp, the resulting discovery is likely the product not of innovation but of ordinary skill and common sense. Differences in a chemical compound’s properties, resulting from a small change made to the molecule, are reasonably expected to vary by degree and thus are insufficient to rebut a prima facie case of obviousness. KSR affirmed that § 103 bars patentability unless the improvement is more than the predictable use of prior art elements according to their established functions. However, Obviousness does not require absolute predictability of success all that is required is a reasonable expectation of success.

G1010703 火花試験における研削作業の定量化とデータ解析([G101-07]機械力学・計測制御一般セッション(7))

Spark test is performed to examine compositions of steel such as the amount of containing carbon, and to confirm whether different materials are not mixed. Because it takes long time to train the person who can judge the material accurately, technical tradition of the spark test is one of the severe concerns in production sites due to aging population. It is important to quantify the grinding operation for technology education and automation. We measured and analyzed feature parameters of grinding operation to quantify the spark test. In this study, we focused on press force, grinding spin count, grindstone temperature, spark length, and spark density as the feature parameters. They are measured by a force-torque sensor, a user -embedded encoder, a thermo camera, and a CCD camera. The feature parameters are derived from the measured raw data, re-sampled, and compared each other using cross-covariance. A skilled person and a beginner participated the measurement experiment. From the result, we found middle-to-high correlation among the press force, spin count, and grindstone temperature, which are related mechanically. However they does not have prominent relationship with the spark shape parameters. Also, the remarkable difference in the correlations between the skilled person and the beginner was not observed.

Os químicos ocultos e sua extraordinária jornada ao mundo dos átomos

At the end of the XIX century, a group of chemists and theosophists called the Occult Chemists suggested it would be possible atoms by clairvoyance. In a meditative situation, a skilled person in contact with a substance would thus be able to see magnified atoms and molecules, as well as its internal structure. Annie Besant was the leader of this group and, together with Curuppumullage Jinarajadasa, Charles Leadbeater and Bertram Keightley, they devised an extraordinary atomic theory in which atoms consisted of smaller, indivisible units of energy called anu. In this paper, we present the fundamental principles of this unusual theory.

Response: insufficient experience in thyroid fine-needle aspiration leads to misdiagnosis of thyroid cancer (endocrinol metab 2014;29:293-9, jung IL son et Al.).

We thank Professors Yi and Lee for their instructive comments on our article in Endocrinology and Metabolism [1]. Thyroid nodules are a common clinical problem and the incidence of thyroid nodules has increased with the wide use of thyroid ultrasonography (US). Fine-needle aspiration (FNA) is commonly used as the first-line screening test for patients with thyroid nodules, and is the most reliable diagnostic test because of its high sensitivity and specificity. Thyroid tumors are relatively small compared to tumors in other areas, but their detection and resection have increased with the routine use of US and FNA. Consequently, thyroid cancer is becoming the most frequent cancer in Korea. However, as mentioned in the letter, about 20% of the FNA results are classified as 'atypia of undetermined significance (AUS),' which has a 5% to 20% risk of malignancy. Repeat FNA is the best way to proceed, but a partial or total thyroidectomy is performed in many cases of AUS, despite its low malignancy rate. In some cases, the patients do not return to the hospital because of fear of the FNA procedure. Therefore, a reduction in the uncertainty of the FNA results is very important to decrease the economic burden of diagnosis and treatment, and unnecessary operations. Sufficient operator experience is an essential, but easily overlooked, factor. FNA is easy and safe, but many clinicians try FNA without sufficient training. Unskilled operators have problems with correct needle localization or collecting an adequate specimen from 'difficult' nodules. In our previous study, unskilled operators had a higher false negative rate, and relatively low sensitivity for detecting thyroid cancer. The diagnostic indices varied among operators, especially in the unskilled group, so training programs and supervision/feedback system from a skilled person should be intensified to decrease uncertain or even false FNA results. Molecular analysis might be a good alternative. Many molecular markers have been evaluated to improve the diagnostic accuracy for indeterminate nodules. Large prospective studies have confirmed the genetic markers BRAF, Ras, and RET/PTC and protein markers like galectin-3. Moreover, these markers are associated with prognostic factors, such as extrathyroid extension, metastasis, and tumor recurrence [2]. Markers help not only the diagnosis of indeterminate cytology but also patient management after thyroid cancer is confirmed. The routine use of these markers has some limitations, but it is likely that some combination of molecular markers will be used more widely to optimize the management of patients with indeterminate cytology on FNA specimens. Again, we appreciate Professors Yi and Lee's judicious and discerning comments on our study.

Soft Skills: Education beyond Academics

Soft skills is a sociological term relating to a person's Emotional Intelligence Quotient, the cluster of personality traits, social graces, communication, language, personal habits, friendliness, and optimism that characterize relationships with other people. Soft skills complement hard skills, which are the occupational requirements of a job and many other activities. A person's soft skill is an important part of their individual contribution to the success of an organization. Particularly those organizations dealing with customers face-toface are generally more successful if they train their staff to use these skills. Screening or training for personal habits or traits such as dependability and conscientiousness can yield significant return on investment for an organization. For this reason, soft skills are increasingly sought out by employers in addition to standard qualifications. Soft skills play a critical role in the career growth of individuals. The expectations begin with the basic foundation of ethics, integrity, and value. Equally non negotiable criteria are a strong work ethic and a professional and positive attitude. In today’s job market, employers are not necessarily looking at the most skilled person. If a perfectly skilled job candidate were to come in for an interview and had absolutely no soft skills, the employer may consider looking for some one else. It is completely personal. Soft skills are those nuances that make a person individually unique and stand out. These skills are all about how a person works with others, maintains a positive attitude under pressure, solves a personal or work crisis and communicates both ethically and effectively.

Development of Finger Motion Skill Learning Support System based on Data Gloves

Recently, more and more hearing person starts learning sign language. For finger motion skill learning such as sign language, it is important for an expert to give objective advice to a learner, because the learner is not able to find any motion errors in his/her sign language. In other words the learner needs the self-education tool of sign language which gives good objective advice. However, there are few studies about such a system. In this paper, we developed a finger motion skill learning support system using data gloves. This system helps a learner to recognize motion errors intuitively by himself/herself by overlaying skilled person's 3D models with learner's 3D models of hands and fingers.