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On 11/10/2014 7:29 PM, David Platt wrote:
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. You're grasping at straws. Just the fact something was accessible to the public does not necessarily mean it's not patentable in the United States. Not any longer, anyway - as a couple of good patent attorneys have recently told me. -- ================== Remove the "x" from my email address Jerry, AI0K ================== |
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