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Ask HN: how can we establish prior art to fend off future patents?

5 点作者 gpjt超过 14 年前
As part of building a spreadsheet, we've come up with a pretty neat algorithm to run a recalculation in parallel, taking advantage of multiple CPU cores etc. We're don't like software patents, but have had some experience with the patent process in the past. Looking at the algorithm, our gut feeling is that clever enough to be patentable but not so clever that we don't think other people aren't quite likely to come up with similar ideas should they put their minds to the same problem.<p>If we don't patent it, our worry is that someone else will independently come up with the idea, patent it, discover us, then sue us. The best defence against this that we can see is to make sure that we can prove that we had the idea before they patented it -- that is, to be able to establish priority. What we're wondering is, what's the best way to do that?<p>We've no worries about making the algorithm public -- it's pretty clever, but not that clever. But proving the date on which we made it public might be hard.<p>Any ideas?<p>[EDITED TO ADD] It occurs to me that there's another question here -- do we need to prove prior art, or just priority? That is, do we need to show that the algorithm was already public and known at the point that someone else tried to patent it, or do we just need to show that we had created it (even if we'd not shared it with anyone).<p>I guess being able to prove that we'd published the algoritm and thus it was prior art is a subset of the case where we can prove that we had thought up the algorithm, so making it public is safer.

5 条评论

sagacity超过 14 年前
I too am not a lawyer but another possible way to do this, to the best of my knowledge:<p>File a provisional patent application (with maximum disclosure) with the USPTO - this will give you a priority date on official, government record. Make sure you obtain a certified copy from them. Then let it lapse (i.e. don't convert to a full application within the stipulated time period of one year).<p>I guess that should do it.<p>Disclaimer (again): I'm not a lawyer :-)<p>Edit: Added: I don't know how effective/legally valid this is today, but there also used to be something called a <i>sealed cover method</i>. You disclose the full invention on paper, get a government approved notary to notarise it, seal it up in an envelop and send it as a registered mail to yourself. On receipt, don't open it - just keep it safe. In case of any later dispute, you'll have <i>two</i> government agencies establishing your date of invention. - HTH<p>2nd Edit: Added: The sealed cover method, if valid, would probably be the <i>least</i> expensive one. :-)
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prodigal_erik超过 14 年前
RMS once pointed out that prior art is more effective if it doesn't surface until a court case: <a href="http://www.linux.com/archive/feed/57167" rel="nofollow">http://www.linux.com/archive/feed/57167</a><p>Basically, if a examiner knew about the other work but granted the patent anyway, the court must presume the examiner was competent and the patent is valid, and therefore that the other work isn't relevant prior art. But if potential prior art wasn't known to the examiner, the court has to actually evaluate it. Judges don't share patent examiners' quota-driven incentive to rubber-stamp everything under threat of their jobs.
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mindcrime超过 14 年前
Submit it to a journal for publication? Present it a a conference of some sort? If you can't get it published in a traditional journal, write it up and submit to arXiv? Publish it on a website where it will get crawled by the Wayback Machine? Write it up and see what it takes to get it indexed by CiteseerX?<p>Even better, try to turn publishing it into an opportunity to gain some PR: send press releases far and wide about it, and put an implementation of it in a GitHub repo. Shout it to the world.<p>IANAL, YMMV, HTH, WTFBBQ, etc...
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mryan超过 14 年前
Post it on Github?<p>Also, if emails are admissible in court in your country, you could email a description and copy of the algorithm to a company that provides "email notary" services.
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PaloAlto101大约 14 年前
There's a great ebook, Patent Pro Se, that gives practical advice on protecting you IP, and it is now free to download...goes over everything from Provisional Patent apps to the Mail-yourself-a-letter-method. May be a good resource for you <a href="http://www.carrferrell.com/free-resources.php" rel="nofollow">http://www.carrferrell.com/free-resources.php</a>.
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