Half a croissant, on a plate, with a sign in front of it saying '50c'
h a l f b a k e r y
Quis custodiet the custard?

idea: add, search, annotate, link, view, overview, recent, by name, random

meta: news, help, about, links, report a problem

account: browse anonymously, or get an account and write.



Do not enforce patent addendum

Change patents and prevent lawsuits with them.
(+1, -1)
  [vote for,

Some patents are made for defensive purposes. An example would be a company patenting something just so no one else can patent it later and sue them. (yes prior art is supposed to prevent that but in the real world it often doesn't)

Some patents are made to enforce standards, as in when Java sued Microsoft for making an incompatible program and calling it Java.

Some patents are made to protect a very limited set of rights, and won't be otherwise used.

I propose addendum to patents. This section would include a promise not to litigate against people using the idea in various cases. Such things as public domain patents could be included here. If such a suit were attempted the courts could deny it.

Voice, Feb 23 2014

How can I provably put something in the public domain so that someone else can not patent it? http://patents.stac...-someone-else-can-n
“If you can make the core of it very short you might try halfbakery.” [ytk, Feb 23 2014]

Nolo Press - Patenting by Yourself http://www.nolo.com...yourself-29493.html
Worth a try? [csea, Feb 23 2014]

Prepare for taking the US patent bar http://www.mypatentbar.com
[leinypoo13, Feb 27 2014]

Intellectual Pats - How to Patent an Idea http://intellectual...ent-an-idea-online/
Might wanna check this out [bergn, Mar 04 2015]


       According to patent law in the United States, if you publish your idea, that should be sufficient to prevent others from patenting it, effectively putting your idea into the public domain.   

       Amusingly, while searching for methods to do so, I came across one answer that suggested an… interesting method to do just that. (link)
ytk, Feb 23 2014

       It's 'so' confusing.   

       I have been working on a prototype which has no less than four novel and patentable aspects to its design.
It stands to have a rather large impact on the current industry and substantially reduce both carbon emissions and environmental damage.
The prototype works better than I had envisioned and will eventually become a reality whether credit for the concept remains mine or not.

       For the life of me I can't find a way to protect the intellectual property from being stolen without being already independently wealthy.
I would give it away, but the only way I can see to generate enough capital to take a kick at making any of the other ideas I've got on the back-burner is to make an actual go of this one.

       A professor of mechanical engineering at our local university had me demonstrate the thing for a couple of the department heads and they have agreed to 3D print the parts I am unable to cobble together in my garage if I can render them in Solidworks.   

       So... it's all good, but how do I keep it from being stolen without the ten-grand per country per novel concept it takes to buy the piece of paper telling everyone else that I already own that which I already own?   

       If I disclose all of it here at the halfbakery, does that at least nail down date of origination?   

       / If I disclose all of it here at the halfbakery, does that at least nail down date of origination? ?   


       a. halfbakery crashed once losing a lot of stuff. Might be your "Proof" turns up missing.   

       b. You can delete your post on the halfbakery. ( "Delete it and you'll get your kid back." says nasty idea stealer.)   

       c. You can advertise your idea in newspaper of record like ny times or tuskawalla daily review. It will have a date on it.
popbottle, Feb 23 2014

       A preliminary patent application nails down the date of submission, which is about as good as you are going to get.   

       It doesn't cost that much for an individual to file a US patent, nor to talk to an IP lawyer. If you really think you've got something, it's worth the investment.
MechE, Feb 23 2014

       Well, I talked to a patent attorney and it works out to about fifteen hundred for a 'basic' patent search on each aspect of the gizmo before filing fees, and the last time I paid to have a patent search done the company I hired are the people who ripped me off.   

       Can you believe that as an attorney he is not ethically allowed to have any business arrangement with a client whereby he could cover legal aspects of an idea for a percentage of potential profits? Because then any information he gave his client would be in his own best interest rather than the clients... even if both parties agree that the lawyers' best interests 'are' in the clients best interests.   

       What kind of capitalist system does not allow someone to even 'barter' their own intellectual property for its own protection?
It's like getting shaken down by the Mob or something.

       Seriously, it is an immoral protection racket.
The system does not work for the intended purpose of protecting the intellectual property of individual inventors,
...and I find it quite insane.

       The Nolo Press has a well-researched publication on DIY Patenting. Although I've never done it myself, they are also a useful guide to what a lawyer should be doing for you. [link]
csea, Feb 23 2014

       I like your idea [Voice], sorry for going off on a tangent.
Thanks [csea] it sure can't hurt.

       My own opinion, (I know it doesn't count for much), date of origination should be everything. Even if it only means kicking back a fraction of a percent to the actual originator. It's like interest-free micro-loans to individuals in third world countries... you always get more than one hundred percent return on investment because of the trickle-down effect.   

       As long as the worth of intellectual property is determined only by wealth... then we're all screwed.
Think about it. Forget about the boot-straps with which to pull one's self up by... where are the stepping stones keeping the status quo from suppressing notions which may be contrary, and perhaps better than the norm, for profit?
It all seems like a con-job to me.

       I don't think I would have learned enough to have this notion if it wasn't for getting to listen in on all y'alls' conversations here so I'll certainly let you know if it pans out or not...   

       and I'll try not to do it on somebody else's idea. Sorry [Voice].   

       Think nothing of it [2fries]... I see no one has voted so normally I would delete the idea as unworthy but for the conversation you started, so thanks.
Voice, Feb 27 2014

       It was my understanding that patent search was meant to be more of a sanity check than a exhaustive search.
Spacecoyote, Feb 27 2014

       If you are from the US and have a science degree, you can take the patent bar even though you are not an attorney. You are then basically the equivalent of an attorney and can represent peoples (or your own) patent applications before the USPTO. The fee for filing a US non-provisional patent application is ~$500, which means on average you will save $9500 for each invention you prepare yourself, instead of hiring an attorney, if you can pass the test.   

       Also, in the US the "public domain" thing you are seeking exists and is called the statutory invention registration at the USPTO.
leinypoo13, Feb 27 2014

       / It was my understanding that patent search was meant to be more of a sanity check than a exhaustive search. /   

       There is budget. And average search time. And expectation that the searchers will only spend that sort of time and reject whenever possible.   

       The person applying for the patent generally has an incentive to find as much prior work as possible to avoid writing claims that will easily be rejected. If you do most of the examiners work for them, it is generally appreciated by the examiners.   

       feb 22 add   

       Looked up the patent office on Google maps. There is a fosters grill across the street and a retail store front available. I would have thought hundreds of tiny branch offices of patent lawyers would be there. I guess you don't need an office across the street to get good service from U S Patent Office. Maybe a top of the line fax machine or other super sleek communication device. You must be able to file most things electronically.
popbottle, Feb 27 2014

       Whew, cool [Voice].   

       I am not a US citizen and I do not possess a science degree. Can I still learn and challenge this test?
...and should I have to be able to in order to establish the date of an original idea which could benefit society as my own?

       Just so I've got this straight;
It is not enough to have learned how delve far enough into my mind, (without losing my sanity), to be able to conceptualize useful workable inventions without the aid of mathematics or even a high school education while performing manual labor and caring for a family, I must also now pass the equivalent of an IP bar exam and/or pay exorbitant amounts of cash to other people in order to claim right to these original thoughts as my own'?...

       Is that all?...
No more hoops after that then?

       The way is not paved for innovation.
This system is nucking futs.

       You can quote me on that.   

       It is nuts, you are correct. Very discouraging for creative people. And I think you must be an attorney in the UK
leinypoo13, Mar 01 2014

       Nope, Canadian white-trash.
y'know... just fightin the good fight eh.



back: main index

business  computer  culture  fashion  food  halfbakery  home  other  product  public  science  sport  vehicle