🚀 go-pugleaf

How 'bout this one? They file for the patent, receive it and turn the
rights to it over to some organization (FSF?) that promises never to
enforce it.

In article <uak76INNr3e@early-bird.think.com> barmar@think.com (Barry Margolin) writes:

  >In article <kfcu0hs@fido.asd.sgi.com> nelson@bolyard.wpd.sgi.com (Nelson Bolyard) writes:
  >>Now consider the alternative.  They don't pay $10K.  Predator Joe sees
  >>their product in a store, and applies for a patent on whatever novel piece
  >>it contains.  Because the USPTO ignores trade press and scientific
  >>journals, Joe gets the patent.  Then Joe sues the startup company.
  >
  >OK, consider this alternative.  They don't pay $10K, but publish a paper on
  >their novel idea.  Predator Joe sees the product and/or the paper and
  >applies for a patent on the product.  As in your scenario, the USPTO grants
  >the patent.
  >
  >However, the original company was smart.  They keep a watch on patents that
  >are granted (I assume there's a subscription service that will send you
  >abstracts of new patents).  They notice the patent on their idea, and
  >immediately submit a request for review to the USPTO, informing them of the
  >journal in which the paper was published.  There's a small fee for this
  >review service, but it's much less than the cost of a patent itself.  The
  >USPTO should then revoke the patent.
  >-- 
  >Barry Margolin
  >System Manager, Thinking Machines Corp.
  >
  >barmar@think.com          {uunet,harvard}!think!barmar
--


...............................................................................
 Art Mellor       : Cayman Systems Inc,  26 Landsdowne St,  Cambridge, MA 02139
 art@cayman.com   : Phone 617-494-1999  Fax 617-494-5167  AppleLink CAYMAN.TECH