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Patents Technology

How Do I Put an Invention Into the Public Domain? 233

Nefarious Wheel writes "I have a couple of inventions — mechanical devices, based on physical principles — that I believe could transform certain aspects of industry. The trouble is, I can't afford to file patents, and even if I could, I'm not sure that would be the best way for these devices to be made available as widely as I'd like. Is there some way to publish the details of these innovations in the public domain in such a way as to protect them from being snaffled away by some patent troll? I'd be happy with a contribution (or simple attribution) model for recompense, which could be zero to whatever, but that's not as important to me as getting the ideas out there for anyone who wants to use them. This isn't copyright, and I know of no patent equivalent to Creative Commons. In short, what's the best way to protect an invention against someone filing a patent on it, short of patenting the device yourself? Can this be done?"
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How Do I Put an Invention Into the Public Domain?

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  • Letter bomb campaign (Score:5, Interesting)

    by darpo ( 5213 ) on Saturday April 04, 2009 @10:56AM (#27457517) Homepage
    You could write an open letter to the major companies in the relevant industry (and make it clear that several companies are receiving the letter) explaining your inventions. One company may still try to patent them, but the other companies will have signed, dated, and carbon-copied letters from you stating prior art. Hmm, too far fetched?
  • by beowulf ( 12899 ) on Saturday April 04, 2009 @11:00AM (#27457547)
    Establishes the prior art, allows to the idea to benefit the public, and you can still receive compensation.
  • by gnasher719 ( 869701 ) on Saturday April 04, 2009 @11:02AM (#27457571)
    Once they read about your invention, they would be legally obliged to disclose it to the patent office as prior art. So legally, they can't read it and then patent it. However since we are talking about patent trolls here, they can read it, write a patent application, don't tell the patent office about the prior art, forge papers demonstrating that they had the idea before you published it, and sue someone including yourself for the invention, and act very astonished if you show the prior art. Even with the prior art in someone's hands, it could cost them lots of money to defend against the case, even when they win. And whoever is sued might not know the prior art.

    You could ask at the patent office, or someone here might know, how much it costs to _attempt_ to get a patent. In your situation, you don't need a patent. A failed patent application is good enough for you, because then it is prior art that is know to the patent office.
  • by Jasper__unique_dammi ( 901401 ) on Saturday April 04, 2009 @11:15AM (#27457661)
    The idea is simple; invent something, patent it, and allow no-one to use it until someone pays the fee, but once it is payed, everyone can use it.
  • by pem ( 1013437 ) on Saturday April 04, 2009 @11:16AM (#27457669)
    You could spend $75.00 filing a "provisional patent application" with all the relevant information.

    Even though you don't plan on turning this into a real patent application, it will establish a baseline date AT THE PATENT OFFICE for your invention. Someone else would have to prove that they invented before that date.

    You will certainly want to publicize it widely, for it to count as prior art, but having an official date from the patent office itself couldn't hurt.

  • First To Publish (Score:2, Interesting)

    by AvitarX ( 172628 ) <me@brandywinehund r e d .org> on Saturday April 04, 2009 @11:30AM (#27457765) Journal

    In the US we are a first to Publish country.

    Make sure it is published, and easily findable.

    Keep all of your notes with dates, this can go to demonstrate you had the idea before the publication date (evidence, not proof obviously).

    By keeping it a secret you are guaranteeing others may patent it, such as what happened when the British government kept RSA a secret.

    Since patents are still theoretically to spread, not hid knowledge, the system does not recognize secret knowledge unless theft of ideas can be demonstrated. If there is no idea theft (piracy may be a more accurate word, as nothing is taken away), then the first to enlighten the world with the idea gets its rewards, not the first to think of it.

  • by LarryPf ( 1524603 ) on Saturday April 04, 2009 @11:33AM (#27457797)
    Greetings all, First off, this is my first post to /. so please bear with me. Also, IANAL; your mileage may vary! When I researched some ideas I had at a patent depository library, I was depressingly amazed by how many clever ideas I had, that others had already had (sometimes long before), and this was primarily US prior art. There are lots of clever, industrious folks in other countries, too. For the past ~30 years, the US patent office has been underfunded, and in consequence, the USPTO often doesn't do a good job of searching for prior art (they are under pressure to process a patent in something like 8 hours, AFAIK.) In consequence, the USPTO often grants patents for ideas that aren't novel at all. So, publication would not guarantee that a troll could not read your publication, and then try to patent it (as a previous commenter suggested.) I admire your desire to put your ideas out there, and I humbly suggest the following: Get ahold of the book _Patent it Yourself_ by David Pressman, published by Nolo press: http://www.nolo.com/product.cfm/objectID/139AEDE9-69A0-4810-A7A87D2AD5422664/310/ [nolo.com] Since one of your goals is to prevent others from patenting, then the "publication" that would really count is to convey your ideas to the patent office (in whatever country/ies) you want to prevent patenting. As a previous poster points out, even if your patent application is unsuccessful, it will be in those patent offices' databases, with an established date. I haven't followed the recent patent law changes, but I suspect that (in the US, at least) a provisional patent application might serve your purposes, and would be easier/cheaper. HTH, Larry
  • by capnkr ( 1153623 ) on Saturday April 04, 2009 @11:35AM (#27457803)

    And also once you publish it, you can't file for a patent on it outside the US, and you can only file for a US patent within a year.

    Regarding "publishing": just to point out that the word publish in this context means:

    "1 a: to make generally known b: to make public announcement of" (link) [merriam-webster.com]

    not necessarily to produce something in the printed form.

    So, once your idea gets into the public domain at all (regardless of any non-compete/non-disclosure agreements, even), that starts the patent-process clock ticking. Show it to a friend, and you have begun...

    As nweaver notes, you'll have one year to begin filing for the patent process thru the USPTO, or you'll lose your patent rights.

    Full public disclosure, and most importantly, a way to prove when that took place will establish prior art for anyone who would like to contest a patent application filed after that date.

    No, IANAPL, but I have paid money to them for the understanding I have passed along here. ;)

  • by itamblyn ( 867415 ) on Saturday April 04, 2009 @11:58AM (#27457973) Homepage
    I actually created a site for this specific purpose about a year ago.

    PublicPatent.org [publicpatent.org]

    It's a free service that inventors can use to "publish" their work so that it is in the public domain. When something is prior art, it cannot be patented.

    The database is backed up on a regular basis, and the contents are burned to a CD that I post to myself so that dates can be verified if they ever need to be. It is a wiki style setup, where only the user who created a page can edit it. Images can be included in a page.

    The site is searchable, and if it takes off (there hasn't been much interest so far), the plan would be to write a letter to the US Patent Office (and Canadian, where I'm from) explaining that this database should be included in searches when new patents are checked.

    I have no intention of ever charging for this service, though eventually I may have to put some ads on the side to pay for hosting if it gets too expensive. A donation system may also be enough.

    If there are others that are interested in this, helping with the site, or contributing patents, please get in touch. This is an idea that I came up with trying to avoid studying for my PhD prelim - it would be nice if something came of it.
  • by Vadim Makarov ( 529622 ) <makarov@vad1.com> on Saturday April 04, 2009 @12:01PM (#27457999) Homepage

    I once encountered a U.S. patent application filled in 2005 whose idea was described in a research article published in 2001. I tried to report it to the patent examiner.

    First, I looked around for a "report prior art" button on the application page. None.

    Second, I looked for USPTO's email. I don't remember if I found one, it was years ago, but I do remember that an attempt at reporting prior art via email was not successful. Probably I got a reply saying they don't take tips via email, I don't recall clearly.

    Third, I took the trouble of calling USPTO (international call, not cheap), waiting in the queue a quarter hour, and inquiring where do I send a copy of that research article. It turned out, I have to snail mail it and clearly identify the sender on the mail. At this point a question arose if the submission would be anonymous. I knew one of the patent fillers and did not want to worsen relations with him. If I sent a letter with a faked sender from my current city and country and he saw it, he could still identify me. To ensure anonymity, I'd have to mail it to another country and ask someone to re-mail it to the USPTO for me. At this point, I gave up.

  • by DamnStupidElf ( 649844 ) <Fingolfin@linuxmail.org> on Saturday April 04, 2009 @12:07PM (#27458025)

    Additionally, the OP is going to *look* like a patent troll if he doesn't actually have a patent application in hand along with a free, non revocable license for it. Remember RAMBUS? They pushed their invention for everyone to use as an "open" standard, claiming it would be a great idea, and only afterward started hitting everyone up for money with their submarine patent.

    Not patenting the original invention will also make it much easier for the first company who researches a cost effective implementation to obtain an over-broad patent on their method and process, which will practically cover the whole invention since there are no prior patents.

  • by solder_fox ( 1453905 ) on Saturday April 04, 2009 @12:22PM (#27458137)

    At $110 to file for a small entity, a provisional patent only costs a little bit. If you can't afford it and these are potentially useful medical devices, just go to a patient who would have benefited from it and ask for a little help, or go to a good doctor or med student and offer to let him or her write up the journal article *After* you file the provisional patent application. For that matter, I'm sure you can get five hundred or a thousand bucks from an undergrad in the sciences for the chance to write up something really medically useful, because they could put it on their apps to med or grad school.

    IANAL, this isn't legal advice, and assume (as you should with every slashdot comment that could be interpreted as in a legal field) that I don't know what I'm talking about, but you can certainly write a little document saying simply what your agreement is with the person and sign it. There are a lot of people out there with at least a little disposable income--if you tell anyone who has a little money and who's experienced the pain of dealing with the medical system that you want to make a new medical device available for public use for free, you'll get the $110 for a provisional patent application.

    If you also want a patentability finding and publication you can file a real utility patent application, but that costs a little more and the format is more rigid--you'd probably need a patent agent or attorney to help you draw it up.

    I believe--but am not 100% sure--that the provisional application would handle the matter if it covers the subject matter of the patent.

    Also, not to be silly about it, but did you try asking the USPTO what they would suggest? They know this stuff and it should just take them a minute to answer. Alternatively, one of the patients' rights or support groups might be willing to help.

  • by Z00L00K ( 682162 ) on Saturday April 04, 2009 @12:33PM (#27458207) Homepage Journal

    If Robert Anson Heinlein [wikipedia.org] still was alive you could have asked him since he did put the concept of the water bed [opinionjournal.com] into public domain.

    Anyway that was described back in 1934 and the publication of it in three of his books was enough to consider it prior art.

    So even a limited spread of the data has to be considered prior art.

    I suspect that if you read enough Science Fiction books you will be able to invalidate a huge amount of patents. Things may not be named the same, but they may be described sufficiently to work as prior art.

  • by Gorobei ( 127755 ) on Saturday April 04, 2009 @03:24PM (#27459565)

    To be fair, someone should have mentioned Statutory Invention Registration and file-and-abandon.

    There, we are done.

  • WikiPatents (Score:2, Interesting)

    by kostmo ( 1136101 ) on Saturday April 04, 2009 @04:02PM (#27459799)
    http://www.wikipatents.com/ [wikipatents.com] may be a good place to post the prior art. It is a site for "community patent review".
  • What about Google's Knol? Wikipedia specifically prohibits original research. Knol welcomes it. You could also start an article on the broader subject of prior art and invite people to contribute to that.

    You need a Google account, but that would insure attribution. And you can even see how many people have viewed it.

    It also gives the idea a fixed url or permalink which could be the starting point for wider circulation.

  • by kninja ( 121603 ) on Saturday April 04, 2009 @04:59PM (#27460133)

    I was going to to that, but you beat me to it.

    File and abandon is expensive, but cheaper because you don't have to pay the prosecution fees, issue fees, and maintenance fees. Plus, there may be a chance that the application goes through.

  • by supernova_hq ( 1014429 ) on Sunday April 05, 2009 @02:34AM (#27463331)
    Actually, if you are simply worried about someone else getting a patent, there is a VERY cheap and easy way to do it.

    Go to ANY post office, ask to send something as "registered mail" and mail it to YOURSELF. This way there is a government datestamp on the envelope and you can prove that it existed before the patent holder thought of it.
    Just remember: DO NOT OPEN THE ENVELOPE WHEN IT ARRIVES. By leaving the envelope sealed, you can prove that the contents of the envelope existed at the time of it being mailed (the government date on the package).

    My law teacher told about this, and there are actually a lot of bands that do this with their music, to prove they haven't stolen riffs or lyrics. They take a copy of their sheet music + demo tapes and mail it to themselves. Then they archive it in case they need it in court.

And it should be the law: If you use the word `paradigm' without knowing what the dictionary says it means, you go to jail. No exceptions. -- David Jones

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