How Do I Put an Invention Into the Public Domain?

Nefarious Wheel writes "I have a couple of inventions — mechanical devices, based on physical principles — that I believe could transform certain aspects of industry. The trouble is, I can't afford to file patents, and even if I could, I'm not sure that would be the best way for these devices to be made available as widely as I'd like. Is there some way to publish the details of these innovations in the public domain in such a way as to protect them from being snaffled away by some patent troll? I'd be happy with a contribution (or simple attribution) model for recompense, which could be zero to whatever, but that's not as important to me as getting the ideas out there for anyone who wants to use them. This isn't copyright, and I know of no patent equivalent to Creative Commons. In short, what's the best way to protect an invention against someone filing a patent on it, short of patenting the device yourself? Can this be done?"

Comments

You're gonna have to patent it

[pnumoman]

While publishing it, and making it prior art would be nice, the only way for you to totally place it into the public domain would be for you to patent it yourself.

Sure, in a technical sense making it prior art would bar others from patenting it, effectively placing it into the public domain. However, in reality, people could still apply to patent the invention, and the burden would be on them to notify the patent examiner about your prior art.

Guess how much that will happen.

So, assuming they don't talk about your publication, and the examiner doesn't know, they get a patent. Once that happens, then it's up to an enterprising soul to file an appeal with the patent board... and sure, the patent would probably be revoked, but it would take time and money. During this time, people would be afraid to use the patent, etc etc.

Since a patent is a right to exclude others from using your invention, the easiest way would be to talk to your local law school, see if there's any sort of IP clinic, and ask them to help you file the patent. They will probably have someone student that has passed the patent bar early, and can help you file as a patent agent. Then you would just pay the fee, get the patent filed for you, and some law student would get some nice experience. After you get the patent, simply let people use it for free.

Just post links here....

[ZosX]

All you need to do is publish your designs somewhere. Who knows maybe people may offer suggestions that will improve them. Open sourcing hardware is certainly something that has been done before. As long as you don't care if companies potentially exploit your ideas and not compensate you then by all means go ahead and make the world a better place. I admit I am mildly disappointed that you did not even share any details at all. Maybe your invention is really cool and now we may never know.

Re:Have to publish it in the right place

[Vadim Makarov]

It is obvious from your description your main goal here was to screw over the person filing the patent

Actually, not. The researchers who published this idea openly in 2001 chose to publish openly instead of patenting, so that everyone could use it. If the other guys get a patent, it would place some hurdle on the use of the idea. Those who wanted to use it may not be aware of the 2001 publication. This is one motivation, to protect the invention which has been placed into the public domain. Another motivation was to help the USPTO keep its database clean of patents which are actually non-enforceable. Both should be the tasks of the USPTO, which is a government organization established by the society for serving the needs of this society in general. So, helping it is good, right?

Okay, that was U.S. society, and I am not living in the U.S. Call me irrational, then. Besides, I also had some curiosity in how the system works.

Re:Have to publish it in the right place

[Daniel Dvorkin]

It is obvious from your description your main goal here was to screw over the person filing the patent as there is no way you would go to that effort otherwise

This may come as a shock to you, AC, but sometimes people do the right thing because it's the right thing. Sometimes they even put a fair amount of effort into it.