Take the 2-minute tour ×
Ask Patents is a question and answer site for people interested in improving and participating in the patent system. It's 100% free, no registration required.

I have a good idea that is non-obvious and new. I want to make this technology (a new encryption technique) available for everyone to use, and keep it entirely patent-free, including myself. I have written a paper that describes the technology in enough detail to be able to prove it to be prior art for patents on this idea, however the paper is not yet ready to be published.

I am communicating with various people about my ideas however, and I'd like to avoid the possibility of them (or others who see the communication) filing a patent. Is there a way to provably put my ideas so far in the public domain, such that if someone tries to patent my idea I can prove prior art?

I have a PDF on a publicly accessibly web server, but right now I have no way of proving that I put the file up there before a patent application.


A solution available through the internet would be highly preferred. I am a student not living in the US, and I don't really have the money to send mail to the US. Hiring a lawyer / physical presence in the US is downright impossible financially.

share|improve this question
    
Provably is important but findable is also important. If is provably, but obscurely, in the public domain someone else who later independently invents it may very well be granted a patent. If they try to in force it, the other side's search might turn up your posting. What is better is the other inventor or the patent examiner find your work and the patent isn't issued in the first place. The examiner is not going to search Sourceforge. –  George White Nov 4 '13 at 20:16

4 Answers 4

There are commercial companies set up to publish things exactly for this reason. They charge by the page. One, Kenneth Mason Publishing, is in the U.K. and has Research Disclosures. Looks like is over $100 per page. Is it short?. Another is IP.com.

To do it free but in a way that is time stamped and likely to show up in a search requires more creativity. Take a look at the waybackback machine at archive.org. I see they have a feature that allows you to point at a web site and ask them to archive it for you. Patent examiners have used the wayback machine to establish prior art dates.

If you can make the core of it very short you might try halfbakery.

EDIT

You could also consider filing a patent and then letting it go abandoned. If you qualify for micro entity status the filing fees would be about $380. Since you don't care if it becomes a patent you wouldn't need to hire a patent attorney to write it. This is like user2276567's idea but saves the costs of pursuing a granted patent.

share|improve this answer
    
Sadly, I have neither $100 or $380 lying around to throw at this. –  orlp Nov 4 '13 at 20:19
    
IP.com is fantastic for doing this. My former employer would publish disclosures that weren't submitted to the PTO on IP.com to protect our rights to the idea. –  Julie in Austin Apr 25 at 3:00

The patent system is based on "first to file" but the person who files the patent application must be able to prove that he/she actually invented it. No one can "steal" an idea from you and try to patent it for themselves.

In addition to George White's suggestions (IP.com, the Wayback Machine, and halfbakery.com), you could also just patent it yourself and release the patent under a non-assertion pledge similar to Google's.

share|improve this answer
    
By signing the declaration that goes along with a patent application the inventor swears that they are a true inventor of the claimed matter. But, there is no point in the examination process where any proof of that is required. There is a new process called a derivation proceeding that allows a later filer to accuse the earlier filer of having stolen it from them. This is only between filers. If you don't file you can't use that procedure. –  George White Nov 4 '13 at 0:16

If it's an encryption technique, it's probably software related, and if you've got code, then that can easily be used to show functioning of the idea. Posting such source code on places like bitbucket, or sourceforge are popular enough that their timestamps for posting would probably stand up to scrutiny in court.

share|improve this answer

Low tech, but this should work. Go to your local county courthouse or county recorder and get a certified true copy with a date time stamp. Then you can post a scan of the document online as proof that you did this. The county will have a permanent record of your filing, and you can retain the paper copy.

Certified true copies exist to serve this type of purpose.

share|improve this answer

Your Answer

 
discard

By posting your answer, you agree to the privacy policy and terms of service.

Not the answer you're looking for? Browse other questions tagged or ask your own question.