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How Do I Secure An IP, While Leaving Options Open?
Tiger4 writes "Let's say I have a photograph, or a television script, or have finally perfected the water-to-gasoline conversion process, or some other piece of non-software but copywritable or patentable IP. I know I want it secured in my name, on this date, in a provable and verifiable way. But being an Open Source, free-to-the world sort of person, I'm willing to share my knowledge to the world, as long as all credit points unambiguously to me. Any attempts at theft could, would, and must be immediately rebuffed by my offer of proof from when I first secured the IP. What, if any, tool or method is available to me in the digital world? MD5 and the like are available to show that copied files are the same as the original source, but they don't show time of authorship unambiguously. The same with Public Key crypto. I could lock it up with a time stamp, but what prevents me from faking the stamp that locks the file? Is there a way to homestead a little chunk of time with my IP's name on it?"
The digital world is the wrong place to search for a solution. The simplest, most effective (though not, particularly in the case of patents, the cheapest) solution is to simply secure the appropriate legal registration of the IP (a registered copyright, a patent, etc.) and then offer the product under a no-cost license that requires credit and whatever other terms you want to impose.
(Since copyright is automatic, you can technically avoid registration and still be protected, but registration serves the documentation role you are looking for without any technical trickery, and copyright registration isn't particularly expensive.)
I don't know why people are so resistent to simply registering a copyright. It's a simple form, costs less than $50, and a stamp. End of story. And you can't enforce a copyright in court without registering it first, nor is the court interested in anything but the registration as proof. And if you're not willing to enforce it in court, it doesn't matter what you are willing to do, because you can't enforce it.
Patents are considerably more complicated, of course, and more expensive, but again, the only thing the court will care about is the patent.
Does anybody have a patent on reinventing the wheel yet?
What do you mean by secure? You better go to the store and by a book about do it yourself patents. There are many good ones. Assuming you want to secure the date that you thought something up, you will want to print out a detailed description of your idea (this does not need to contain claims or anything. Just a good description of what it does, how it improves existing solutions, etc. Patent book will give you an outline for this document). Take this document to 2 people who are capable of understanding it (non family members) and have them witness it by signing and dating it. Then you will have that date PROVIDED that you attempt to reduce it to practice. If it just sits and you do not actively try to build it or sell it you will lose your rights. Note that if you try to sell it before applying for a patent you will have only get 1 year therafter to patent it and you will automatically forfeit international patent protection so think carefully (the US is a big market so you may be content with a forfeit, after all international patents are expensive and costly to enforce). This method btw is free and open source. Also, keep a notebook and have it signed periodically by another person. A witnessed notebook written in ink is also VALID proof for dating IP as well as proving to the court that you were actively try to reduce it to practice. For computer stuff that I do not print out and paste into lab book, I use digital timestamps services from USPTO or digistamp. p.s. DO NOT MAIL IT TO YOURSELF. Postmarks have never been accepted by courts as valid for dating IP. You will need to have your document witnessed so that the court can talk with the person if necessary.