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Patent left... Or intentional placement of invention in public domain

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Patent left... Or intentional placement of invention in public domain

Post  Andy4242 on Thu 23 Aug 2012 - 0:20

I am interested in intentionally creating proir art to invalidate future patents by publishing my inventions and those of like minded people.

This is in the spirit of the "copy left" concept... But for patents. It seems that it may not be as easy as the public domain copyright

Based on recent changes in patnt law it seems publishing an invention could prompt someone to steal the invention and claim they invented it days before publication, and they could then apply for a patent the following month... So my questions are 1) am I reading the latest law on prior art correctly ? 2) can you recommend another way to solidly move my inventions into the public domain without obtaining patients on them?

Andy4242

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Re: Patent left... Or intentional placement of invention in public domain

Post  Mark Reyland on Thu 23 Aug 2012 - 7:42

First off you are in fact reading the law wrong. In the new First Inventor to file rule, you do still have to prove you are the inventor. While its always possible that someone creates fraud, when challenged only the real inventor would know the nuances of the inventing process. Therefore it's surprisingly easy to spot the real inventor.

On your other point - Why? Because the interpretation of prior art is so broad and so subjective, your desire to intentionally post what you consider prior art on a single patent could have wide spread negative effects on many inventors. Your intentional posting could serve as prior art on thousands of applications over many years.

If you invented something and you want to forgo patent protection then just post it on YouTube - but to intentionally post as much stuff as you can in an effort to block the patentability of others is frankly a little creepy.

But that's just my opinion.
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