[open-science] [DIYbio] Seeking Open Source Licence for new biotech method (Marcus D. Hanwell)

[P Kishor]

A clever example of creating an online, digital db to create prior art is
the "Traditional Knowledge Digital Library" developed by CSIR India. See
http://www.tkdl.res.in/tkdl/langdefault/common/AboutTKDL.asp?GL=Eng#Presentfor
the status as of Aug 2013

Puneet.

On Friday, September 20, 2013, john wilbanks wrote:

> Yes, disclosing the method puts it into the public domain and renders the
> method itself unpatentable, at least in theory. In practice, small
> modifications to the technique could make it novel enough to receive at
> least limited protections that in turn can be used to make broad assertions
> of the patent. That's what good patent attorneys do, and why they are
> highly paid.
>
> There used to be a patent disclosure program that basically guaranteed
> your method got in front of the examiners, but the US discontinued that in
> 2007. http://www.uspto.gov/patents/**law/disclosure_document.jsp<http://www.uspto.gov/patents/law/disclosure_document.jsp>
>
> There is a company that promotes research disclosures as a defensive
> mechanism, too. http://www.researchdisclosure.**com/publishing-disclosures<http://www.researchdisclosure.com/publishing-disclosures>
>
> jtw
>
> On 9/20/13 7:00 AM, open-science-request at lists.okfn.org wrote:
>
>  Message: 1
>> Date: Thu, 19 Sep 2013 15:02:35 -0400
>> From: "Marcus D. Hanwell" <marcus.hanwell at kitware.com>
>> Subject: Re: [open-science] [DIYbio] Seeking Open Source Licence for
>>         new biotech method
>> To: Rafael Pezzi <rafael.pezzi at ufrgs.br>
>> Cc: "open-science at lists.okfn.org" <open-science at lists.okfn.org>
>> Message-ID:
>>         <CAMkPkZXN0yLVT97MX+7PRDge_**6Cs5Jub4jEGMdRLhFE_mBj=
>> Lw at mail.gmail.com>
>> Content-Type: text/plain; charset=ISO-8859-1
>>
>> That is my understanding and one of the drivers behind efforts such as
>> defensive publications http://linuxdefenders.org/**projects<http://linuxdefenders.org/projects>on the Linux
>> Defenders page. You need to publish in certain places to have higher
>> likelihood of turning up in the right searches for prior art though
>> (unless you want to pay to litigate later, which can be far more
>> expensive than obtaining patents). I thought this was a reasonable
>> strategy to defend against patents in open systems.
>>
>> Marcus
>>
>> On Wed, Sep 18, 2013 at 2:09 PM, Rafael Pezzi <rafael.pezzi at ufrgs.br>
>> wrote:
>>
>>> John,
>>>
>>> Wouldn't disclosing the methods openly constitute prior art and thus
>>> make it
>>> openly accessible? According to wikipedia: "If an invention has been
>>> described in the prior art, a patent on that invention is not valid."
>>>
>>> Rafael
>>>
>>>
>

-- 
Puneet Kishor
Policy Coordinator for Science and Data
Creative Commons
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