Make something deliberately unpatentable?

I've never seen it done (which doesn't mean it's never done) on the few rare occasions I've looked at the London Gazette.

The usual method of defensive publication would be a technical journal or conference paper.

Reply to
Dom Ostrowski
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I think this will carry very little legal weight, if any. Times have changed a lot in terms of how patents are used, traded and contested.

It's not worth patenting something, unless someone is realistically going to consider infringing your patent.

And once you try to take action against an infringement - you need very deep pockets to pay for expensive lawyers specialising in that field (probably in multiple foreign legal jurisdictions).

(and you will pay very, very dearly for not having your patent drafted by an expert in the first place).

As another poster pointed out, only the US still has a first-to-invent patent system - and that changes to match the rest of the world's first-to-file patent system in March 2013.

There is "prior user rights" that sometimes (in some jurisdictions) might allow a prior user (of an idea patented by another), to continue using it. I don't know any more than that about prior user rights.

There is also the issue of disproving originality - should you present your idea to someone, and they try to file it as their own idea.

That would be better served by a) having independent witnesses to your disclosure to them, b) having them sign a Non-disclosure agreement, c) having your witnesses read, *understand* and sign your notebook.

But patents really are a minefield of complex legal language across multiple legal jurisdictions.

*If it's worth patenting, it's worth paying a patent lawyer to get it right*
Reply to
Dom Ostrowski

Post it to them with a cheque, there's a cost calculator on the website.

Electronic submission is available if you have an account.

Owain

Reply to
Owain

I'd recommend publishing it in as many sources as possible. Web, usenet, newspapers, journals etc.

Reply to
Mark

A patent isn't necessarily all that expensive to get if the idea is sufficiently novel and not already patented. The other option is to keep it as a trade secret and semi flood the market with your product to gain first mover advantage. You run the risk that someone else files a patent in the meantime. You get about 30% share and the next two half decent "me-twos" will get about the same share. Once it becomes public domain then everyone and their dog will jump on the bandwagon.

These rules of thumb apply to high tech kit.

That won't prevent some American toerag from patenting it. USPTOs only test these days is are your dollars green and in sufficient quantity.

If you think the thing is valuable - then basically yes.

An example of how to release a patentable invention in such a way as to prevent patenting can be deduced by studying how the technique of monoclonal antibodies was announced to the world. The UK office supposed to be reponsible for assessing patentability could not get their heads round something that was not an obvious mechanical widget.

Regards, Martin Brown

Reply to
Martin Brown

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