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Questions tagged [defensive-publications]

Publications used to put teachings into the public domain to prevent future patents in that subject matter.

18
votes
2answers
3k views

How to make an invention un-patentable easily?

It appears that the USPTO no longer does defensive publications, but instead you're supposed to abandon a patent application. But that will still incur filing fees, etc. I figure an obscure blog ...
10
votes
2answers
19k views

Can someone patent someone else's invention?

In the history, invention conflicts were on who has patented an invention sooner. This is the subject of stealing an invention. Consider one has published an invention in any kind of media, can this ...
8
votes
5answers
1k views

avoid the possibility of a future patent

Here's a hypothetical scenario: I have a new idea, say a new engine of some sort. I don't want to patent it because I don't want to ever profit from it and I would like to use a license in the spirit ...
7
votes
3answers
481 views

Is there a central anti-patent database for openly developed and abandoned inventions?

Sites like HalfBakery and this shared Google Doc act as open repositories for potentially patentable inventions. In effect, these sites act as anti-patent databases because the inventions are never ...
6
votes
1answer
355 views

How to defend your work from patent vultures?

Many of us put our ideas in github or articles, hoping they will be just used. However, as I have currently a tough lesson, if your idea turns out successful, you can count on patent vultures trying ...
5
votes
4answers
294 views

Patent application as defensive disclosure

Is filing a patent effective as defensive disclosure if the the patent is not granted? Any application is published after 18 months (except publication delay request) or if the patent doesn't pass a ...
4
votes
3answers
271 views

Best places to record ideas as prior art to avoid later patents (UK/US)

any advice on the best places/web sites of record to list ideas which you want to be on record as prior art so others can't patent them (UK/US/Europe) ? I have some ideas, which I don't want to ...
4
votes
2answers
72 views

Minimum requirement for a patent application to be published

I was wondering, if I applied for a patent (non prov. app) by submitting the description, abstract, claims, drawings and other documents if necessary but did not pay any fee, how would that be treated?...
4
votes
1answer
793 views

Can I file a patent after publishing as part of collaborative public content?

I have been considering a wikipedia style system for code (software), and am trying to figure out what the patent implications are. Aside from the risk of accidentally violating someone else's patent (...
4
votes
1answer
1k views

Is a Provisional Patent As Prior Art Sufficient Defense?

If you file a provisional patent purely to try and protect yourself, wouldn't that document the "invention" sufficient as such to be considered prior art? And if prior art is a valid defense, is it ...
4
votes
1answer
113 views

Defensive publication and public domain

Are folks who publish design details, implementing an idea, putting that idea's implementation into the public domain? Put another way... have these publishers, whether they wanted to or not: ...
3
votes
2answers
182 views

Patent us20110086189

This patent seems to describe or use elements of an Invention I patented in Australia, USA UK etc in the late 1970s and has subsequently been used and or published in uniaxial, triaxial sesquiaxial ...
2
votes
2answers
88 views

Are “Patent application” valid patents?

Please confirm if I do read this correctly. You can fill a patent for a product design and get this granted or not. When the patent is granted you can find that back on Lens.org with the notification ...
2
votes
3answers
217 views

Is is allowed to patent an idea and not put it in actual practice?

So, I have an idea and I wish to patent but as of today I can't put it to any actual use. Is it possible to patent in that way for the sole purpose of preventing someone else from patenting it?
2
votes
1answer
75 views

Github for Patents?

Does anyone know of something like a github for patents? somewhere where you can publish a granted or provisional patent and designate it as open source, enabling others to fork it or use it in their ...
1
vote
1answer
34 views

How does one validate that a patent has been filed prior to publication by USPTO?

35 U.S.C. 122 Confidential status of applications; publication of patent applications. (b) PUBLICATION.— (1) IN GENERAL.— (A) Subject to paragraph (2), each application for a patent ...
1
vote
1answer
39 views

Can an encrypted publication be prior art?

If a description of an invention is published in an encrypted form, can it still count as prior art? (If the encryption key is later released).