[PSUBS-MAILIST] Patents

[Alan James]

Thanks Jim,
as a group we are always working through new ideas & there is
a pretty open sharing of knowledge.
By bringing up the concept of ideas in this forum being regarded
as prior art work, it adds a measure of security that someone won't
patent our inventions, or if they do we can continue using the invention
claiming prior art work.
I am not confident that posting on this forum is prior art work, but patent
law has some pretty "fuzzy" areas. A patent can be regarded as a strong
or a weak patent, & somewhere in between.
To ascertain the originality of an invention would be a nightmare with
so many patents out there.
I had a patent years ago that went to the 3rd stage. It was going to
cost me $500,000 for a world wide patent of 100 member countries.
And if the product does well then some other big manufacturing Country
that is not a member, makes it.
Alan


________________________________
 From: "jimtoddpsub at aol.com" <jimtoddpsub at aol.com>
To: personal_submersibles at psubs.org 
Sent: Thursday, November 28, 2013 4:00 AM
Subject: [PSUBS-MAILIST] Patents
 


In my work I used to monitor hundreds of patents from design, filing, resolution, notice, award, and continuing maintenance in a number of countries and jurisdictions.  Although I doubt that the subject will affect many of us in Pusbs, I'll make a few comments.  
 
1.  If you anticipate that you will want to obtain a patent either to produce and market a product or to protect your own right to use something you have developed (Prior User rights), get acquainted with a good, local patent attorney.  Choose him or her very carefully.  The narrative art of the application is as important as the technical part.
2.  Patent laws vary substantially from country to country.
3.  There is no such thing as an "international patent."  However there are groups of countries that have established a central patent authority for their members.  The largest of these covers most of the nations of western and central Europe.  Countries also make treaties governing respect of each other's patents, however enforcing rights under those treaties can be another question entirely.
4.  Patent laws change.  In March of 2013 the most sweeping change in patent law since 1952 went into effect in the US.  Much of the intent was to make it easier for the small guy and encourage innovation.
5.  Prior Art has a number of definitions, conditions, time limitations, and (most importantly) interpretations.   Courts decide applicability, etc.
6.  The three most common standards are First-to-file (FTF), First-to-invent) (FTI), and First-inventor-to-file) (FITF).  In 2013 the US changed from FTI to FITF.
7.  Patent development and defense can be very expensive.  Sometimes companies will offer to buy a patent for a certain price and tell the inventor, "Accept our offer, or we will produce it anyway and you can sue us."
8.  If you think you might want to go the cheap route and seek a Provisional Patent, talk to your patent attorney first so that you will be aware of the potential pitfalls.
9.  Some things are worth patenting, and some are just way more hassle and expense than they're worth.  
9.  I recall that when I signed up with Psubs, I waived certain patent claims for anything I might present via email to the group.  I don't recall the specifics.
 
I don't know that this clarifies much, but hopefully it shows where the mud is.  I can't offer any advice or comments beyond what is stated above.
 
Jim
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