Force Majeure

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Force Majeure

July 15, 2025
mike@standardsmichigan.com
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In his books, The Black Swan and Antifragile, Nassim Nicholas Taleb observes that freak disasters—rare, high-impact events—are unpredictable and often underestimated due to their low probability. He calls these “Black Swan” events, characterized by their extreme rarity, severe consequences, and retrospective predictability. Taleb argues that people and systems are overly reliant on normalcy and linear models, ignoring the potential for such outliers.

These disasters expose the fragility of complex systems, like financial markets or infrastructure, which are unprepared for extreme shocks. In Antifragile, he contrasts fragile systems with antifragile ones, which thrive under stress. Taleb emphasizes that freak disasters are not anomalies but inevitable in a complex world, urging risk management that accounts for uncertainty rather than predictability. He critiques overconfidence in forecasting and advocates for building resilience to mitigate the devastating effects of these unpredictable events.

We cover this ground, more than tangentially, in our activism in disaster management standards setting.   Our coverage of this topic dates back to 1993 which the links below should reveal.  We will expand upon this topic as more information is derived from this past week’s events in Kerr County Texas.

 

Disaster 500

Intellectual Property

July 14, 2025
mike@standardsmichigan.com
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It is impossible to overestimate the sensitivity of this topic but poke at it, we will.  At the moment, the less written here; the better.   Much of this domain is outside our wheelhouse; though it has settled on a few first principles regarding patents, trademarks and copyrights relevant to the user-interest we describe in our ABOUT.

Many large research universities have a watchdog guarding its intellectual property and trying to generate income from it, and; of course, for branding.  We will dwell on salient characteristics of the intellectual property domain with which we reckon daily — highlighting the market actors and the standards they have agreed upon.

Additionally, technical standards developers are generally protected by copyright law, as the standards they create are typically considered original works of authorship that are subject to copyright protection.  In the United States, the Copyright Act of 1976 provides copyright protection for original works of authorship, which includes technical standards. This means that the developers of technical standards have the exclusive right to reproduce, distribute, and create derivative works based on their standards, and others must obtain permission or a license to use or reproduce the standards.  

Some technical standards may be subject to certain exemptions or limitations under copyright law.  In the United States, there is a doctrine called “fair use” that allows for limited use of copyrighted works for purposes such as criticism, comment, news reporting, teaching, scholarship, or research, without the need for permission or a license from the copyright owner.  Almost everything we do at Standards Michigan falls under the fair use doctrine.  This is why we have no search feature and most pages are protected.  If we err in this; let us know.  

Innovation management

Why The U.S. And China Fight Over IP

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  1. Patent Act: This is the primary federal law governing patents in the United States. It sets forth the requirements for obtaining a patent, the rights of patent owners, and the remedies available for infringement.
  2. The Sherman Antitrust Act of 1890 and the Clayton Antitrust Act of 1914 prohibit anticompetitive behavior in the marketplace, including the use of codes and standards to exclude competition.
  3. Title 37 of the Code of Federal Regulations: This contains the rules and procedures related to patents, including rules governing the filing and examination of patent applications.
  4. America Invents Act: This is a major overhaul of the U.S. patent system that was enacted in 2011. It includes provisions such as the transition to a “first-inventor-to-file” system and the creation of new post-grant review procedures for challenging the validity of patents.
  5. Manual of Patent Examining Procedure: This is a guidebook for patent examiners that provides detailed information on the rules and procedures for examining patent applications.
  6. Everett Rogers: Diffusion of innovations
  7. Copyright Law of the United States (Title 17)

 

Protection of Intellectual Property in the Supply Chain

ASTM International Intellectual Property Policy

Healthcare Standards Institute IP Policy

International Code Council Copyright Protection

IEEE Patent Policy

NFPA Regulations and Policies

Underwriters Laboratory Patent Policy

 

Intellectual Property 101

Innovation – Market Acceptance – Standardization – Human Right

2026 National Patent Application Drafting Competition

July 14, 2025
mike@standardsmichigan.com
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The NPADC is a team competition for law students to develop skills in drafting patent applications, focusing on U.S. patent law. Teams receive a hypothetical invention statement, conduct prior art searches, draft specifications and claims, and present their work to judges, including patent examiners and practitioners. For 2025, the invention was an extra-uterine system for supporting premature fetuses, indicating the complexity of tasks involved

There is no publicly available timetable for the 2026 National Patent Application Drafting Competition (NPADC) from the United States Patent and Trademark Office (USPTO) as of the latest available information. The USPTO typically releases detailed schedules for the NPADC closer to the competition year, often in the fall of the preceding year (e.g., October or November 2025 for the 2026 competition).

 

Thomas Jefferson was the leader in founding the United States Patent Office. Jefferson was a strong supporter of the patent system and believed that it was essential for promoting innovation and progress in the United States. As the first Secretary of State Jefferson was responsible for implementing the country’s patent system.

Article I, Section 8, Clause 8 of the United States Constitution reads as follows:

“The Congress shall have Power To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries.”

In 1790, Jefferson drafted the first Patent Act, which established the procedures for applying for and granting patents. The act also created the United States Patent Office as a government agency to oversee the patent system. Jefferson appointed the first Patent Board, which was responsible for reviewing patent applications and making recommendations to the Secretary of State.

Jefferson was deeply involved in the early development of the Patent Office and was instrumental in shaping its policies and procedures. He believed that the patent system should be accessible to all inventors, regardless of their social or economic status, and he worked to streamline the patent application process to make it more efficient and user-friendly.

In recognition of his contributions to the development of the patent system, Jefferson is often referred to as the “Father of American Innovation.”

This clause grants Congress the authority to establish a system of patents and copyrights to protect the intellectual property of inventors and authors. The purpose of this system is to encourage innovation and creativity by providing inventors and authors with a temporary monopoly on their creations, allowing them to profit from their work and invest in future projects. The clause also emphasizes the importance of promoting the progress of science and the useful arts, reflecting the belief of the founders that the development of new technologies and inventions was essential for the growth and prosperity of the United States.

Over the years, the Patent Office has played a crucial role in the development of the United States as a technological leader, granting patents for inventions ranging from the telephone and the light bulb to the airplane and the computer. Today, the Patent Office is part of the United States Department of Commerce and is responsible for examining patent applications and issuing patents to inventors and companies.

Welcome to the 2025 National Patent Application Drafting Competition!

2024 National Patent Application Drafting Competition

Innovation and Competitiveness in Artificial Intelligence

July 14, 2025
mike@standardsmichigan.com

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The International Trade Administration (ITA) of the U.S. Department of Commerce (DOC) is requesting public comments to gain insights on the current global artificial intelligence (AI) market. Responses will provide clarity about stakeholder concerns regarding international AI policies, regulations, and other measures which may impact U.S. exports of AI technologies. Additionally, the request for information (RFI) includes inquiries related to AI standards development. ANSI encourages relevant stakeholders to respond by ITA’s deadline of October 17, 2022.

Fueling U.S. Innovation and Competitiveness in AI: Respond to International Trade Administration’s Request for Information

Commerce Department Launches the National Artificial Intelligence Advisory Committee

 

Stalking the Black Swan

July 13, 2025
mike@standardsmichigan.com
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Stalking the Black Swan

Research and Decision Making in a World of Extreme Volatility

Kenneth A. Posner

 

 

 

 

Sport News

July 12, 2025
mike@standardsmichigan.com
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Sport Standards

 

 

Mixed Gender Sport by Design

Engineering in Sport



 

Winter Sport

Lively 400

July 11, 2025
mike@standardsmichigan.com

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The term “lively arts” is attributed to American writer and poet James Thurber. It was popularized in the mid-20th century as a way to describe various forms of performing arts, such as theater, dance, music, and other creative expressions.

Curtain for the Lviv Theatre of Opera and Ballet

 

“What art is, in reality, is this missing link,  not the links which exist.

It’s not what you see that is art; art is the gap”

— Marcel Duchamp

 

Today we refresh our understanding of the literature that guides the safety and sustainability goals of lively art events in educational settlements.  Consortia have evolved quickly in recent years, leading and lagging changes in the content creation and delivery domain.  With this evolution a professional discipline has emerged that requires training and certification in the electrotechnologies that contribute to “event safety”; among them:

ASHRAE International

Standard 62.1: This standard establishes minimum ventilation rates and indoor air quality requirements for commercial buildings, including theaters and auditoriums.

Standard 55: This standard specifies thermal comfort conditions for occupants in indoor environments, which can have an impact on air quality.

Audio Engineering Society

Audio Visual and Experience Association

Entertainment Services and Technology Association

Event Safety Alliance

International Code Council

International Building Code: Section 303.2 Assembly Group A-1

Illumination Engineering Society

RP-16-17 Lighting for Theatrical Productions: This standard provides guidance on the design and implementation of lighting systems for theatrical productions. It includes information on the use of color, light direction, and light intensity to create different moods and effects.

RP-30-15 Recommended Practice for the Design of Theatres and Auditoriums: This standard provides guidance on the design of theaters and auditoriums, including lighting systems. It covers topics such as seating layout, stage design, and acoustics, as well as lighting design considerations.

DG-24-19 Design Guide for Color and Illumination: This guide provides information on the use of color in lighting design, including color temperature, color rendering, and color mixing. It is relevant to theater lighting design as well as other applications.

Institute of Electrical and Electronic Engineers

Research on Safety Integrity Level Assessment for Stage Machinery of Temporary Performance Site

Necessity of Establishing the Stage Technical Standards for Outdoor Live Performance Theater

Comparison of Technical Systems between Outdoor Live Performance Stage and Indoor Theater Stage

National Center for Spectator Sports Safety and Security

National Fire Protection Association

Life Safety Code

National Electrical Code

Articles 518-540: Arenas, Lecture Halls & Theaters

Society of Motion Picture Technology Engineers

Professional Lighting and Sound Association

Dance and Athletic Floor Product Standards: ASTM F2118, EN 14904, DIN 18032-2

Incumbent standards-setting organizations such as ASHRAE, ASTM, ICC, IEEE, NFPA have also discovered, integrated and promulgated event safety and sustainability concepts into their catalog of best practice titles; many already incorporated by reference into public safety law.   We explore relevant research on crowd management and spectator safety.

Planning and Managing Security for Major Special Events

 

“Art is anything you can get away with” — Marshall McLuhan

 

More

International Code Council (N.B. Changes to its Code Development Process) 

International Building Code: Entertainment Occupancies

Section 410: Stages, Platforms and Technical Production Areas

National Electrical Code: Articles 518 – 540 

Code-Making Panel 15 (NEC-P15): Public Input Report 10/1/2020

Code-Making Panel 15 (NEC-P15): Public Comment Report  11/18/2021

ASHRAE 62.1 Ventilation for Acceptable Indoor Air Quality

Princeton University: Set Design & Construction

Building the Virtual Stage: A System for Enabling Mixed Reality Theatre

University of California: Special Effects Safety and Loss Prevention

University of San Francisco Special Effects Safety

Dance Floors v. Sports Floors

Today in History

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