Isn't this what http://shouldexist.org/ was all about?
2008/10/16 Julian Priest <[EMAIL PROTECTED]>: > On Wed, Oct 15, 2008 at 11:23:30PM +0100, Saul Albert wrote: >> Ianal, but I think prior publication does not prevent UK patents from >> being applied for by corporates. > > I was reading this from the US which talks only about first publication. > > http://www.iusmentis.com/patents/priorart/ > > "Prior art for a patent (application) means anything published before > the filing date of the patent which describes the same or a similar > invention." > >> UK patent law is based on first application, rather than first >> invention. > > hmm all jurisdictions are different.. that's a problem > > <snip> > >> It's not enough to have one patent, you have to have a whole patent >> strategy that lasts for the entire lifecycle of your product. One >> product may require 15 to 20 patents to circumscribe it's potential >> profitable uses. Each patent, if you wish to defend it worldwide - >> through courts if you have to, might cost an average of 100k over a >> products lifetime. > > So wondering if you could short circuit the entire procedure and cost > just by publishing a white paper? > >> No wonder my friend - the last in a long line and family business of >> patent attourneys - quit. It's too boring these days. The corporates >> are the only people in the patent game. Apparrently everyone else does >> it solely because funders are unaccountably fond of the things. > > I guess you'd need somehow to be prepared to prosecute prior art > infringers.. then maybe an association of non patenting white paper > publishers who wanted their designs to remain unpatentable might be an > idea. chip in a tenner an open white paper to have the funds to be > able to prosecute one test case.. > > something like this below - whitepaper.okfn.org :) > > In the end I guess legal remedies or declarations are ok but mass > uptake, mass use and rapid propogation of ideas and designs is far > more important.. move designs to the obvious category. > > cheers > > /julian > > Open White Paper > > Abstract > > An online white paper publishing system is proposed which enables an > inventor to publish a design under an open content license in order to > allow public distribution of the design and simultaneously establish > prior art. The white papers are accompanied by a text that declares > the intention to use the establishment of prior art as a means of > contesting future patent claims. The publication system is accompanied > by a business method for collecting revenue to contest a white paper > in a future patent infringement. The publication system is arranged in > such a way as to facilitate ease of searching by patent authorities > using a meta data schema. > > Declaration > > I declare that I will not attempt to patent the 'Open White Paper' > design. The intention in creating this white paper is to prevent > future patents on the 'Open White Paper' design as specified in this > abstract. > > Published: okfn-discuss mailing list > http://lists.okfn.org/mailman/listinfo/okfn-discuss > Date. 16.10.2008 > Author. Julian Priest > License. http://creativecommons.org/licenses/by-sa/3.0/ > > _______________________________________________ > okfn-discuss mailing list > [email protected] > http://lists.okfn.org/cgi-bin/mailman/listinfo/okfn-discuss > -- Josef Davies-Coates 07974 88 88 95 http://uniteddiversity.com Together We Have Everything _______________________________________________ okfn-discuss mailing list [email protected] http://lists.okfn.org/cgi-bin/mailman/listinfo/okfn-discuss
