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Topic: Proof of ownership without patent (Read 242 times) previous topic - next topic

surepic

Is there any way to proof ownership of innovation/ innovative method with device built for that purpose without applying for patent.
I know that I can make code publicly available with opensource license for which I will have some proof of ownership but how to do same with method and device?

Applying for copyright is again for software in my case but I cant apply for copyright for method.

Why I need it?
I dont want after releasing method and everything with it be sued after some time that somebody copied my innovation and got patent for that.

Robin2

#1
Sep 10, 2017, 10:33 pm Last Edit: Sep 10, 2017, 10:40 pm by Robin2
There is a big difference between evidence that you have, or did, or created something and the protection provided by a patent. The only reason people apply for patents is to prevent other people from using their ideas without paying. People don't apply for patents to protect themselves from being sued by other patent holders.

I think it would be impossible for someone to sue you for breaching a subsequent patent if you have evidence that your method predated the patent. Publishing the method on the internet seems as good a way as any to get evidence. Maybe get a copy of the web page and a printed version that is witnessed and dated by a lawyer.

The other side of all this is that it should not be possible for someone to patent a method or product that is already public knowledge. In other words it should be impossible for someone else to patent your idea - except by accident. And  if you had proof of precedence it may cause the patent to be nullified (if that's the right word) even if it had been applied for in good faith.

Where you do run a risk (and I doubt if there is any answer to it) is in not describing your method or product sufficiently to distinguish it from a later patent. As I understand it a lot of patent litigation is about very fine print.

On the other hand if the specific item you are using clearly pre-dates the patent application it is hard to see how the patent holder could complain. However it would be different if you make a version of your thing after the application date.

By the way I am not a lawyer and these comments are not worth the paper they are written on. If your doubts are worth it then get professional legal advice.

...R
Two or three hours spent thinking and reading documentation solves most programming problems.

surepic

@Robin2 thanks for reply here are some points that im concerned:

Even if I publish in github or bitbucket or make my own website to describe the whole method and working prototype does patent beuro take that into consideration while giving patent to someone who decide to patent method. I mean arent there any directories that only have "weight" to patenting beuro?

Lets day I describe method here in this forum I dont think patenting beuro will take my thread into consideration and cancel the filing process of new patent.

Same will they consider my website to stop even searching further and declining process of filing a new patent?

westfw

If you "publish" your method, that would become "prior art" and theoretically prevent other people from patenting it.
I'm afraid I haven't kept up with whether various Internet sites like github count as "publishing."  Traditionally patentable inventions/etc would be published in print in some sort of professional journal.  Github, email, sending yourself a postmarked packet... are all probably better than nothing, and much more extreme steps are probably not enough if the proverbial Evil Megacorp want to roll over you.


Robin2

#4
Sep 11, 2017, 09:37 am Last Edit: Sep 11, 2017, 09:42 am by Robin2
does patent beuro take that into consideration while giving patent to someone who decide to patent method. I mean arent there any directories that only have "weight" to patenting beuro?

Lets day I describe method here in this forum I dont think patenting beuro will take my thread into consideration and cancel the filing process of new patent.
I think you are confusing the legal position with the practical situation.

First, the practical situation. I don't know how patent offices check for prior art. I assume they now consult Google as well as other more traditional sources. You could make it easier for them by ensuring that your post has the relevant words in it - in the title and the body. I don't think Google takes excessive notice of titles. But whatever you do there is a risk that the patent office will search on different keywords.

But, from a legal point of view, even if the patent office fails to find your work that does not invalidate it as "prior art" and you could make a claim to invalidate the patent - although I don't believe you could get the patent transferred to you. Note, also, that if another company became aware of your "prior art" they would also be entitled to challenge the validity of the patent - so that they would not have to pay royalties to the company that got the patent.

And let me repeat. I have no legal qualifications.

And, what @westfw said is also important. People with money for expensive lawyers can overwhelm us poorer folk even when their case is very weak.

...R

PS... There is always the option of applying for a patent and then not pursuing the application. That will establish the existence of "prior art"
Two or three hours spent thinking and reading documentation solves most programming problems.

surepic

Thanks guys I will try to contact magazine first to see how it will go. Will post here if any updates.

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