Bishal Nepal Cambridge, MA, USA bishalnepal@gmail.com
Rhetorical Analysis: An epistemological thought about mentalism
Plato sits under a tree, and announces that he is bringing a guest
performer—a mentalist. A group of people—citizens of Athens—are
gathered around the tree to see what Plato would profess and what the
guest would perform. The mentalist claims that he is not a magician or
a psychic. The show goes on, and the show bewilders the citizens of
Athens. A citizen shouts, "How do you do that?" The mentalist says, “I
do it by reading through people's mind.”
Plato stands up and says, “My fellow citizens of Athens! I hope that we
learned a lesson today. Let me tell you what this is all about.” He
asks, “My fellow citizens! Have you utilized your mind to find God
inside you?” The crowd replies, “No.” Plato says, “Here you go, the
mentalist is doing the exact thing; he has shown to you how true
knowledge can be achieved. And, in order to achieve the knowledge, he
used his mind. This knowledge that he has achieved is transcendent of
all knowledge that you ever know. This is the level of skill or
knowledge that we need in order to see God within our mind. The
mentalist utilizes his mind and calls for God to sit inside his mind,
thereby, he is empowered with the absolute knowledge and the power.
This knowledge and power allows him to clearly see what is written in
other people's mind. Now, this mentalist, who is blessed with the power
of God in this mind, has achieved the highest form of knowledge that
anyone may ever get in a lifetime. You all fellow citizens can see his
absolute knowledge by his ability to control and influence others by
using his biologically ordinary mortal mind. To my fellow citizens of
Athens, this is exactly what I am talking about. Now, after seeing
these kinds of supernatural talents, I believe that all of my fellow
citizens of Athens, who now are sitting under this tree, realize how
absolute knowledge is achievable, and how God can be brought into a
human mind.”
A guy from the crowd creeps outside. He rides on a horse, and the horse
comes galloping to a Sophist's house. He enters the house and demands
to the Sophist, “You cult teacher, I want my money back.” The Sophist
says, “My dear student, what money are you taking about?” The guy says,
“I want back the money that I paid you for your misleading and flawed
lectures.” The Sophist says, “Oh son, why do you call them misleading
and flawed lectures?” The guy answers, “They are misleading because
Plato just showed to me how God can be achieved and how true knowledge
can be blessed to a human being. Plato brought God and true knowledge
into a human mind; I saw God and true knowledge right in front of me.”
He adds, “Now, I find it unfair that you charged me for your misleading
lectures that say that God cannot be found and true knowledge is
unreachable. I find your lectures misleading and flawed, and I find
that you are charging me unfairly for such misleading and flawed
lectures. Therefore, you should return the money back to me by
accepting the fact that you cheated your student in a bad faith.”
The Sophist says, “My dear student! I feel sad that your brain is
psychologically attacked by the mentalist in a way to paralyze your
natural way of thought-process. The mentalist tried to control your
mind by pre-conditioning your mind, and by using techniques of
hypnosis, precognition, psycho-kinesis, clairvoyance, mind control, and
brainwashing. These mental techniques are far from real, and they are
no way close to absolute truth and no way close to God. These
techniques disguise the reality and make you believe in those things
that are not real. Manipulating others brain to get the result that a
mentalist wants does not mean that he got the absolute truth, and does
not mean that he is close to God. Instead, this means that he used his
ill-techniques to get influence on political and social power. A
mentalist studies human behavior, and practices it to perfection in
order to predict human being's thought. This prediction of thought is
practiced by a mentalist many times over until a statistical accuracy
is achieved. This statistical accuracy allows a mentalist to read
anybody's mind with a reasonable precision. The mentalist attacked your
brain by pre-condition and post-conditioning your conscious and
sub-conscious parts of brain, and thereby, he produced a result that is
already pre-conditioned. This pre-conditioned result is a lie.
Mentalism is a highly manipulative show that conditions your mind to
deny the reality and to deny the Mother Nature. And, believing in such
show is a surrender of reality. We should live in a real world my son,
so please be assured of the fact that such acts are not absolute truth,
and God is still very far away.”
Bishal Nepal Cambridge, MA, USA bishalnepal@gmail.com
Rhetoric of Death
Why should we die? Should we die because our biological body is not
made strong enough to live longer? Is that because our organs start
failing as we age? Can we stop this aging process such that our organs
do not fail? Let's try stem-cell technology, and grow our body parts in
a biological laboratory, and let's replace with those cloned body parts
when our original body parts fail. Is this a solution? What if our mind
dies? Can we change our mind by organ transplant? But, mind may not be
cloned. Cloned mind may not transfer our soul? It may, but do we have
evidence? No. What about cleansing our mind through meditation and
replacing other body parts through cloning? Can we live longer this
way? What an idea!
Why does death frighten us? Is that because we all are very greedy that
we want to live more, want to see children and grandchildren, or may be
we want to get married, or enjoy vacation long enough, or get drunk, or
smoke weed? Do you really think that the world will benefit if we live
longer? Is death stoppable? Has death changed this world? But, may be
death will change the world, and may be death will bring more knowledge
into this world. Will it really? Seems like a crazy idea, but how? If
everybody lives forever, innovation will stop. After our death, new
babies will be born. Death initiates birth, and birth guarantees death.
New breeds and new generations bring big ideas. Death actually brings
innovation to this world through newly born minds by eradicating old
minds. Does it mean that old people are burden to this world, and they
might be bringing danger into this world by turning this world into
stone-age by their outdated ideas?
Does death bring peace and progress? May be it does. The world will not
change for good if we do not die. This may not be good for we human
beings, but may be good for the world and good for the Mother Nature.
What about wars—are they any good? Do wars and massive deaths in war
bring any peace and progress in the world? May be wars are good for the
world and may be the world cannot move forward without wars. History
shows that the world never turned backwards after wars. People innovate
to invite death through wars: people innovate to perform better and to
kill more in a war. Are wars causing destruction and remorse after
destruction? Yes, they are. But, again it seems like this world is
gaining from wars. Does it mean that this world is telling us that we
need to embrace death for the well-being of the world? May be it does.
May be we need to die because we may incarnate. Is it true that human
beings re-incarnate? Is death inevitable because nature intends that
old people be reborn through re-incarnation? We may be born again as a
baby. We may get to see a new father and a new mother. This process of
death and of rebirth may be a life cycle. Then, death is really a cool
thing to get. We can live many lives; we can be kids again; we can be
youngsters again. I really want to be young again in next 100 years
when everybody can own supercomputer and everybody can own a
space-craft to travel in space for evening walk. Are we dying soon to
prepare for another reincarnation? This sounds like death is a
purposeful recycle of our lives.
Can we see if we can cheat to death? Can we accidentally live thousand
years if we cheat to death? May be this is something that the nature
never intended. All our ancestors died. Death seems like a continuous
and an unstoppable process. Can we bypass death by the use of
technology—stem-cell, and cloning techniques? This seems difficult. Is
it rather easier to believe that God may have intended a re-incarnation
of all human beings? May be it is easier to believe. Who is benefited
by death—God, this world, or human race? May be all are benefiting.
Wow! I find it hard to believe that death is an ultimate truth.
A definition : Self and Individualism
Submitted by: Bishal Nepal <bishalnepal@gmail.com>
My definition of "self" comes after knowing “who I am.” First, the
process of knowing “who I am” starts with interaction and communication
with social elements or ingredients: family, culture, geography,
language, economy, religion, tradition, and much more. During
childhood, a child cannot define “self.” But, with growth, he/she
learns to perceive and analyze social elements, thereby, his/her
understanding of "self" becomes more and more clear. Interaction or
communication is a two way process—give and take: a hide-seek game.
This process helps a child to develop logic and perception ability
inside subconscious brain, thereby, establishing an ability to analyze
social elements.
The process of analysis begins in a child when the child develops an
ability to rationalize elements, develop logic, and formulate opinion.
This analysis teaches a child to learn how to negotiate with other
members in a society. Social negotiation skill is dynamic and very
crucial to balance life and to play different roles for different
responsibilities to maintain different relationships. Analysis is acted
upon social elements, like in a multivariable calculus where each
social element is a variable, and finally, a result is iteratively
computed; the result allowing a more concrete "self" to emerge. The
analysis process is highly relative and individualistic; each child
comes with different computational result; therefore, each "self" will
be separate and distinct. Each computation is discrete at different
threshold; no two computations are same. Therefore, each "self" has a
separate logic, a separate experience, a separate perception ability,
and so on.
Social negotiation is a not only trade-type negotiation of
transactional motive, but a type of negotiation that maintains
stability in social relationships. This negotiation changes as elements
change, for example, if somebody brings to a child a long-desired gift
as a birthday gift, then his/her analysis would change, like a variable
would change in multivariable calculus, to compute a different result
for establishment of a newer relationship of a different threshold.
Therefore, this analysis process inside a child's mind is dynamic,
iterative, and highly unpredictable. Iteration conforms result, for
example, if a child sees his father getting drunk every day, next time
he would iteratively compute that he would be meeting a drunk father,
thereby, the child’s negotiation standpoint is predictive based on
pre-computed analysis that the father is always drunk. More clearly,
this means, the child’s attitude towards the father will only change if
the father is not drunk anymore—this is because a variable just changed.
Therefore, the output of subconsciously-performed abstract-computation of aforementioned variables will emerge as “self.”
I define individualism as an assertion to be unique from herd by
demonstrating abilities that are beyond ordinary. These abilities act
to solve problems of the world. Yet, still people forgo this feeling of
extreme individualism, at times, when they need to blend in with
society to serve a common purpose that does not require extra-ordinary
performance.
Individualism is a highest form of analytical ability of “self.”
Talking from a planar perspective, this individualism is of
sufficiently discrete amplitude at depth, yet homogeneously indiscrete
enough to blend in with every other "self" at a planar level.
Individualism at a marginal level will be homogeneous for those who are
statistically average in terms of analytical ability. Individualism
that is homogeneous is ordinary, and thus, may be meaningless. But,
individualism may off-shoot if an individual gains extra perceptive
power during aforementioned analysis process. This off-shoot of
individualism is extraordinary. In a society, whoever is beyond
ordinary is extra-ordinary. Therefore, individualism is not an
illusion; it is highly discrete, but homogeneous at a surface level to
serve a common purpose of society. Individualism co-exists in a society
at all levels, either in ordinary forms or in extra-ordinary forms.
These extra-ordinary forms are those who are leaders, and homogeneous
forms are those who are followers.
Thank you,
-Bishal Nepal
Cambridge, MA, USA
bishalnepal@gmail.com
Bishal Nepal talking to Sajha.com on patent matters
BOSTON, USA: It is a matter of national interest to promote efforts of Nepali Citizens and non-resident Nepalese ("NRN") in science and technology. Because of geography, current economy and politics of Nepal, Nepalese scientists and engineers are not getting full credits or rewards for their creative ideas (inventions). This article is an attempt to educate Nepalese artists, scientists, engineers, businessmen, corporations, lawmakers, and general public on how to appear in the bigger picture of the world by utilizing the power of US patents and PCT (Patent Co-operation Treaty) patent applications, for Nepalese inventions and innovations in science, technology, and art.
Recently, China and India have achieved breakthroughs in technologies and innovations. These breakthroughs in technologies and innovations have escalated their GDP and growth. Nepalese can learn from India and China, and promote their creative ideas throughout the world. Patent is a key legal document to control on export and on import of intellectual property, product, manufacture, design, plant variety, and product-by-process.
This article is written by Bishal Nepal. Mr. Nepal is living in USA since 1999, and he is a graduate from Northeastern University, Boston, with a Master of Science in Electrical Engineering, and from the University of Massachusetts Lowell with a Bachelor of Science in Electrical Engineering. As of this publication (March 2009), Mr. Nepal is preparing for US Patent Bar Exam at United States Patent and Trademark Office ("USPTO"), in order to become a United States Patent Practitioner (Patent Agent).
Q: What is a patent?
A: A patent is a legal document with a monopoly right granted by a Government or a State to an inventor for a limited period time in exchange for a public disclosure of an invention. Patent right excludes others from making, using, selling or importing the invention into a State or a Jurisdiction. This right is a negative right, meaning, a patent does not grant the inventor the right to make, use, or sell the invention; but does grant the right to exclude others from making, using, or selling the invention. The Government body that granted the patent right will not act as a police force when complained or requested by an inventor to stop an infringer, who without any right or license, is making, using, selling or importing ("infringing") an invention, from infringement. It is the inventor who has to act in order to stop the infringement, either by talking directly to the infringer and settling with a license granted to infringer in exchange for a royalty income, or taking the matter to the Court [suing the infringer] for patent infringement, the process called patent litigation.
Q: What is an invention?
A: An invention is a creation of a new machine, process, manufacture, or composition of matter. Some inventions may be based on improvements of pre-existing product or process, while other inventions are radical breakthroughs which may extend current boundaries of human knowledge or experience to an entirely new level. An invention that is new, useful, and not obvious to somebody with ordinary skill in the art or technology, may be able to obtain the legal protection of a patent through a State or Government.
Many people think that the inventing process is very complex, but it is not always true. Inventing is fun and exciting, and everyone can be an inventor. An inventor is a person who thinks about new ways to solve problems in a home, business, community, or even the world. These new ways of solving problems are called inventions. An invention may be a new product, a new design, a new plant variety, or a new way of doing business. Inventions come about in many ways; inventions may happen when someone works to solve a problem; sometimes inventions may be the results of accidents.
Q: Who grants patents in the United States of America?
A: A Government body called United States Patent and Trademark Office ("USPTO") that in under US Department of Commerce, controls the grant of US patents.
Q: How many types of patents are there?
A: There are 3 different types of patents—utility patents, plant patents, and design patents. In USA, utility and patent patents are valid for 20 years from filing date, and design patent is valid for 14 years from grant date.
Utility patent is granted to a product, process, manufacture [a device or a system], or composition of matter, that performs a function, or solves a problem.
Plant patent is granted to asexually reproduced [non-naturally occurring] plant variety, that is invented by human ingenuity.
Design patent is granted to an ornamental design of an invention, where ornamental design is new, useful, and unobvious to a person of ordinary skill in the art.
Q: What is contained in a patent document?
A: According to the Supreme Court, a patent application for an invention is “one of the most difficult legal instruments to draw with accuracy.” (Topliff v. Topliff (1892))
Patent application contains a written description of the invention, claims, and drawings. The written description should allow a person of ordinary skill in the art to make and use the invention without undue experimentation. Claims define metes and bounds of the invention. Drawings may be necessary to understand the invention, unless invention is a process where no drawing is necessary for the understanding.
Q: Is a software process or a business method a patentable invention in USA?
A: In 1980, in the case Diamond vs Chakrabarty, US Supreme Court said, "[A]nything under Sun made by man [is patentable]." Software processes and business methods were questionable for patenting until the year 2000. In the Court case, State Street vs Signature Financial, the Court conformed the patentability of business method, saying if a method or a process produces useful, concrete and tangible result, the method or the process may be patentable. Unpatentable subject matters include a mere manipulation of data structures, abstract ideas, mathematical algorithms, laws of nature, for example electricity, gravity, and magnetism, etc.
Q: What is the cost of filing/getting a US patent?
A: The cost of getting a US patent depends on complexity of an invention. Usually patents may costs $4000-5000 for a simple invention, for example, for a paper clip or a stapler machine; and over $25,000 easily for a complex invention, for example, a complex biotechnology or a complex telecommunication invention. There are two types of fees: fees that are charged by USPTO, and fees that are charged by a patent agent or a patent attorney for preparation of a patent application. A patent agent usually charges $200 to $300 an hour, whereas a patent attorney may charge $300 to $500 an hour for service. Patent agents and patent attorneys have same rights and privileges for patent prosecution matters at USPTO, unless cases involve patent litigation where only patent attorneys can represent their clients in the Court.
This cost for obtaining a patent may be borne by a prospective licensee or assignee (manufacturer or interested party).
Q: What is the value of a patent?
A: It is impossible to predict the value of a patent. A patent document might not produce anything to an inventor, or it may produce millions of dollars. Inventor can sell patent rights for a lump-sum money, or license it to a prospective manufacturer in return for a royalty income.
Q: How an invention can be protected worldwide?
A: Under Patent Co-operation Treaty ("PCT"�), an inventor of a contracting State or Country may file a PCT application at International Bureau of World Intellectual Property Organization ("WIPO"), or a receiving office ("RO"�) at US/RO, EPO/RO, or KIPO/RO. WIPO is located in Geneva, Switzerland. After the application is processed from International Searching Authority ("ISA"�) and International Preliminary Examination Authority ("IPEA"�), the invention will be recommended on whether the invention is novel, has inventive steps, and has industrial applicability. Within 30 months of priority date, the PCT application may enter national stage of any contracting State or Country. The individual contracting State has its own way of granting a patent based on the national stage PCT application.
Q: Can you give us some inside about a career in patent?
A: Patent profession is a dynamic career that requires a blend of engineering/science, law, and business. Different countries have different criteria to enter into patent practice. In USA, a person with engineering or hard science degree, may take USPTO's Patent Bar Exam, and may start patent prosecution practice. An engineer or a scientist may work in a law firm as a technology specialist/scientific advisor in patent matters, and later take Patent Bar Exam to be a patent agent. In USA, especially, in order to be a patent attorney, a Juris Doctor ("JD"--a US Doctorate degree in law) is required. In some other countries, for example, like in Europe, a law degree is not required to be a European patent attorney.
At top US law firms, many patent agents or technology specialists have PhDs, ScDs, MDs, and other advance degrees. PhD is required in areas such as biotechnology. Patent agents and patent attorneys have same rights and privileges for patent prosecution matters at USPTO, unless cases involve patent litigation where only patent attorneys can represent their clients in the Court.
In my opinion, patent profession is a highly influential career that impacts private inventors and corporations in terms of technology, business, and law. A patent practitioner has to live a life at the cutting edges of technologies--technologies that are recent evolutions of mankind. As of 2009, average starting salary of a technology specialist in USA is about $60,000-$120,000 per year; $90,000-$120,000 per year for a patent agent; and $160,000+ ($20,000-$30,000 bonus additional) per year for a patent attorney. Patent attorneys with several years of experience make over $300,000 per year (national average); and top partners make over $500,000 per year.
WATCH THE VIDEO, "Promoting Innovation," that features history and tour of the US Patent and Trademark Office, including information on how the process of patent prosecution is conducted, and how USA remained intellectual powerhouse of the world.http://www.uspto.gov/video/index.htm