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?"
Letter bomb campaign (Score:5, Interesting)
Why not GPL or something similar (Score:2, Interesting)
Since we are talking about patent trolls... (Score:5, Interesting)
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.
Anyone ever tried 'buy free' patents? (Score:3, Interesting)
BEFORE you publicize it (Score:5, Interesting)
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)
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.
patent trolls, defend by provisional patent appl.? (Score:3, Interesting)
Re:JUST publish it, make it "prior art" (Score:4, Interesting)
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. ;)
PublicPatent.org - free and "open source" (Score:2, Interesting)
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.
Re:Have to publish it in the right place (Score:5, Interesting)
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.
Re:JUST publish it, make it "prior art" (Score:4, Interesting)
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.
File a provisional Patent (Score:2, Interesting)
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.
Re:Have to publish it in the right place (Score:3, Interesting)
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.
Re:Have to publish it in the right place (Score:3, Interesting)
To be fair, someone should have mentioned Statutory Invention Registration and file-and-abandon.
There, we are done.
WikiPatents (Score:2, Interesting)
Re:Have to publish it in the right place (Score:3, Interesting)
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.
Re:Have to publish it in the right place (Score:3, Interesting)
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.
Re:Have to publish it in the right place (Score:2, Interesting)
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.