Thread: Write Off
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Old November 11th 14, 12:29 AM posted to rec.radio.amateur.antenna
David Platt David Platt is offline
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First recorded activity by RadioBanter: Jul 2013
Posts: 46
Default Write Off

In article ,
Lostgallifreyan wrote:

Assuming this is true, I should ask again: What form of publication can be
considered a minimum for adequate establishment of prior art to prevent my
work being patented by a troll and used against me?


http://www.uspto.gov/web/offices/pac/mpep/s2128.html

II "Electronic publications as prior art"
A "Status as a 'printed publication'"

"An electronic publication, including an on-line database or Internet
publication, is considered to be printed within the meaning of 35
U.S.C. 102(a)(1) and pre-AIA 35 U.S.C. 102(a) and (b) provided the
publication was accessible to persons concerned with the art to which
the document relates."

You might want to consider a combined approach. For example, you
could do a fairly extensive technical writeup on your invention, with
enough detail to disclose all of its essential elements, and format
this as a PDF document and then put it up on a website on a server you
control. Include a date of publishing in the PDF. Add enough
relevant keywords to make it web-searchable.

Then, do a short advert: "A new and novel design for sound and music
synthesis has been published at http://.... with a SHA-256 hash of
xxxxxxxxxx", and buy space for this ad in the classified section in
the back of one or two electronic-music magazines ("accessible to
persons concerned with the art to which the document relates"). When
the magazines are published, buy a copy of each and stow 'em away, as
well as a copy of the PDF in electronic form.

Keep some logs on your web server for a few months to record any
public accesses to the PDF.

This combination ought to be enough to demonstrate to any relevant
court that the document had in fact been published and was accessible
to the public on such-and-such a date. You'd have a tangible "paper
copy" of a magazine with the announcement and a cryptographically
secure hash, and the document matching the hash.