[okfn-discuss] [Fwd: SumoBrain now free]

Thu Oct 16 10:01:59 UTC 2008

Isn't this what http://shouldexist.org/ was all about?

2008/10/16 Julian Priest <julian at informal.org.uk>:
> 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/
>
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>

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