Byte Offers An Explanation Of Patent Law

dubl-u writes "I just ran across this detailed explanation of patent law in a recent Byte column. It made a lot of things clearer for me. There's one great tidbit: there's a special kind of cheap patent that's perfect for open-source projects!" You will have to hit that link to find out what he's talking about, right?

Comments

SIRs are not patents and they are not cheap

[werdna]

here's one great tidbit: there's a special kind of cheap patent that's perfect for open-source projects!"

Wrong on both counts. SIRs are not patents and they are not cheap. A "Statutory Information Registration" permits an applicant who has no chance of getting a patent issued, to have the USPTO print out a pretty certificate with his disclosure, complete with an issue date, a number and everything. One doesn't need to file an application, you can ask for a SIR from the get-go. (But there is no real reason to do so.)

It is not a patent, does not give you the right to place a patent number (or patent pending) on a product and grants no right to exclude. While the SIR is not examined against prior art, it is examined for compliance with all the formalities and disclosure requirements of Section 112 of the Patent Act, and thus should be reviewed by someone experienced in preparing patent applications.

Ultimately, it has no legal effect at all, except that it serves as prior art to the extent of its disclosure. On the other hand, so does every other publication, whether issued by the PTO or not. We would be far better off publishing a "Journal of Open Source Invention," to provide a source of prior art than relying upon SIRs.

And they are certainly not cheap. The patent office fee for an SIR is $920.00. (As compared to $620.00 for a full U.S. Utility application filed by an individual).

For the open source community, I see no upside for SIR applications.