8

Two or three issues involved with this. A patent that expired due to non-payment of maintance fee can be revived by petition as either unintentional or unavoidable. Unintentional has a two-year limit and unavoidable is very hard to establish. Only the patent owner can file these, not just anyone who comes along. Even if revived there are intervening rights (...


4

The answer is very clearly: you can release anything you want without invalidating your patent application. Actually, 18 months after the filing, the USPTO and most other patent offices will publish your application by themselfs even if it hasn't been granted then. Legal basis can be found in 35. USC 102 which describes what is prior art (=what can ...


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. ...


4

The invention claimed in an expired, invalid, or otherwise unenforceable patent may be in the public domain. I don't really know what you mean by: A lot of HYIP are claiming it's "(under public domain)", and they may claim usage of the word "public domain" as being published on Google. But figuring out whether or not the claims of an issued patent are ...


3

In theory anything "published" anywhere at anytime in the past is fair game as prior art. The particular issue you bring up is called "Traditional Knowledge and Intellectual Property" and is a current, important topic in the IP community. This is a link to a discussion at WIPO on it here Patents that might fall under this category may be very deserved due ...


2

Don't know of a centralized database. Yet another resource is IP.com. They have have a defensive publication service. You have to pay to publish there, but you'll have the benefit of a more trustworthy documentation system.


2

Defensivepublications.org has done some work in this direction, but there is no centralized database that I'm aware of.


2

With GPL etc. you are saying "I do claim my copyright rights and having claimed them I now give anyone who abides by the following rules the right to do the following things with the material I have copyrighted". The nearest equivalent with an invention would be to actually apply for and get a patent and then declare that you were offering a no-cost license ...


2

FirstToDisclose.org is a defensive publication service that is provided to users free of charge. It is one of the services that Google suggested the USPTO use to help examiners find relevant prior art.


2

It is important to remember that a patent does not give anybody the right to do what the patent covers. For example, if I had a patent on a more effective delivery system for MDMA or LSD, having a patent doesn't change the fact that those drugs are considered Schedule 1 and illegal under almost every circumstance -- meaning that my delivery system couldn't ...


2

If you're sure that the patent has really expired, then the specific invention in the patent is no longer patent-protected, so the patent holder can't sue over it. However, make sure of this, because figuring out when a patent has really expired can be complicated. Additionally, keep in mind that patents can overlap, which means that even if that one ...


1

The information you are giving us is a little confusing. A PCT patent application may be filed through almost every member-state (like Ukraine), but it will still be a PCT application and published with the prefix "WO". Is that what you meant? Is there a PCT publication, in this respect? If so, regardless if it entered a national phase or not, it still is a ...


1

'In the public domain' means that a work is free of all intellectual property rights (i.e., they have expired, been forfeited, or are inapplicable.) Prior art needs to be publicly accessible, but it isn't necessarily in the public domain. Illustrative timeline: Public disclosure: An inventor discloses an invention and an implementation on their website. ...


1

Defensive Publication in short means information is published as such without any peer review or editing by editorial board. So therefore information or data will be as intended by author. In general people goes for defensive publication because of following reasons:- Data, figures, details, observations, interpretations etc will not get altered by second ...


1

When a process or composition has been in the public domain, an inventor can still file an application on what is considered "an improvement patent" that fills an unmet need by todays' users. This is quite common. It may be a less expensive manufacturing process, results which are more precise i.e., look at all the OTC pregnancy tests, a test that can be ...


1

In the past this would be a public use and maybe a public commercial use even if no information was determinable from the outside. The AIA law probably changed this so a "non-informing use" doesn't start the clock. Until a few cases get to court it is not 100% clear.


1

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.


1

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 ...


1

Technically, if you invent something before anyone else, then no one else should be able to get a patent on it. If someone else does get a patent, because they missed your prior art, the presence of your prior art should invalidate their patent. The simplest thing to do would be to release your work, like public domain, or GPL, and make it very public, so ...


1

The relevant question isn't: Was something "disclosed to the government"? Submitting to the USPTO is literally disclosing to the government. Working under confidentiality as a government contractor might involve disclosing to the government. Who might be documented in a photo as sitting at a table with whom would also not be particularly relevant. What is ...


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