Hi,
On 08/22/2010 02:28 PM, Narendra Sisodiya wrote:
On Sun, Aug 22, 2010 at 12:16 PM, steve<[email protected]> wrote:
Defensive patenting is to create a patent on something so that you can
protect yourself from being sued.
Defensive publication is publication of an idea so that later on if someone
tries to patent the idea, you can point to your publication to say the idea
is 'prior art' (and as such not patentable).
Am I correct If I say -- "Idea cannot be patented but once they are
published they can be used as prior art for defensing purpose ?"
Well, *theoretically* ^ideas^ can *never* be patented. Not in the US, not
anywhere.
*Theoretically* only a mechanism (ie: a system 'implementing' an idea) or a
method can be patented. Unfortunately however, the US patent law is so broken
when it comes to software that all you have to do to patent an idea is precede
your idea with the statement 'A system, method or apparatus for ....<your idea>'
and in all probability you would be granted a patent.
Ironically, the initial motivation for patent law was to protect the 'small guy'
from the 'big corporations' who had the resources to just reverse engineer the
small guy's invention and make money out of it without ever crediting the small
guy. Unfortunately ignorance and sheer volume has led to the mess of software
patents in its current state.
Anyways, to answer your question simplistically -- Yes, publishing your
invention effectively proves that you thought about the invention first so
anybody else applying for the patent will not be called the inventor (ie: will
not be awarded the patent). So your publication is called as prior art.
There is an effort by eff as well as OIN to help the US patent office to
identify such false patents:
http://w2.eff.org/patent/
http://linuxdefenders.org/projects?tab=1
http://linuxdefenders.org/projects?tab=2
If you are interested in (US) IP law and software, it is a good place to help
out.
Fortunately for us Indians, there is an actively involved community of mostly
unknown and under-appreciated activists including (surprise, surprise !)
government babus who understand the issue of software patents ! This is the
reason why India rejected the idea of software patents the last time it came up:
http://www.financialexpress.com/news/story/82155/
However, the threat still remains, all the MNC software companies who love the
software patent culture and have deep pockets keep trying to push the agenda for
this in India too. It really is up to us to inform and educate enough people so
that the ridiculous notion of patenting 'ideas' (that's what software is all
about anyways) is never accepted here in India.
cheers,
- steve
--
random spiel: http://lonetwin.net/
what i'm stumbling into: http://lonetwin.stumbleupon.com/
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