From: Ken Clements (Ken@Innovation-On-Demand.com)
Date: Thu Dec 23 1999 - 19:58:57 MST
Sasha Chislenko wrote:
> Now, what if you publish something
> in a limited edition, or create a system incorporating the technology
> and make sure you'll be able to prove later its status as "prior art"?
> That would give you protection from other people's patents later
> (though not a monopoly guaranteed by your own patent), while not
> disclosing anything too early.
In the old U.S. system, yes, but now we are going to a world patent system
in which you do not have to invent something first, you just need to be the
fist to file a patent application for an undisclosed idea. So now, proof
that you thought of it long ago does you no good. If you publish in a very
limited way, the courts may rule that the idea was not accessible to the
public, so the other guy's patent would stand. In any case, the patent
office will not be aware of your work, so they will issue the patent, and
you have an up hill path from there.
-Ken
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