Under the current patent statute, 35 USC 102 a person can get a patent unless "the invention was known or used by others in this country, or patented or described in a printed publication in this or a foreign country, before the invention thereof by the applicant for patent..."
Under the version recently passed by the House, a person can get a patent unless "the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention..."
So it's changed in two important ways. One is that the date that matters is the filing date, so that gives more time for prior art to block the patent. However the standard for prior art blocking the patent has gone up. Instead of being "know or used" it has to be printed, patented or "otherwise available to the public."
So, it cuts both ways as far as prior art goes. Just documenting it without disseminating it to the public won't block a patent under the proposed changes.
I often question the wisdom of the fact I moved from California to Indiana. For once, though, Indiana is ahead of California (since our list has been available for over a year and California's won't be active until April). Once we got on the "do not call" list, the rude, obnoxious, irritating, annoying and generally stupid telemarketing calls dropped from several pre day to zero.
We don't need a national policy since most states are smart enough to handle this on their own, but I'm very appreciative of its availability here.
My favorite trick (now obsolete without any such calls):
Hello?
Slight delay while the computer determines which of several dialed calls was answered.
HI! Can I speak to Bill ******?
May I ask who is calling?
This is Martha from CitiBank calling to let him know that he has already been preapproved for $XX Million in overdraft/fraud/collision/xxxx insurance, completely guaranteed by CitiBank!
Just a moment.
{ Put down the phone. Eat/surf/watch TV;
sleep(two minutes);
Hi Martha. Sorry for the delay. He'll be right there!; } until {beep beep beep beep beep...)
Only something that's currently a trade secret can be patented.
Wrong!
It only has to be a "new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof," (35 USC 101).
While somewhat technical, you can disclose an
invention in a printed publication in the US for up to a year before you file a patent application (35 USC 102(b).
Trade secret law is state law; whereas, patent law is federal law. The only relationship
between them is that they both concern intellectual property -- nothing else.
Linus was on the cover of Forbes on August 10, 1998 ("Peace, Love and Software"). So... Forbes hasn't "finally taken notice." They were very interested even four years ago.
Slashdot Mirror
Under the current patent statute, 35 USC 102 a person can get a patent unless "the invention was known or used by others in this country, or patented or described in a printed publication in this or a foreign country, before the invention thereof by the applicant for patent..."
Under the version recently passed by the House, a person can get a patent unless "the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention..."
So it's changed in two important ways. One is that the date that matters is the filing date, so that gives more time for prior art to block the patent. However the standard for prior art blocking the patent has gone up. Instead of being "know or used" it has to be printed, patented or "otherwise available to the public."
So, it cuts both ways as far as prior art goes. Just documenting it without disseminating it to the public won't block a patent under the proposed changes.
You are using Outlook to do some heavy compiling and heavy dev work?
I often question the wisdom of the fact I moved from California to Indiana. For once, though, Indiana is ahead of California (since our list has been available for over a year and California's won't be active until April). Once we got on the "do not call" list, the rude, obnoxious, irritating, annoying and generally stupid telemarketing calls dropped from several pre day to zero.
We don't need a national policy since most states are smart enough to handle this on their own, but I'm very appreciative of its availability here.
My favorite trick (now obsolete without any such calls):
Hello?
Slight delay while the computer determines which of several dialed calls was answered.
HI! Can I speak to Bill ******?
May I ask who is calling?
This is Martha from CitiBank calling to let him know that he has already been preapproved for $XX Million in overdraft/fraud/collision/xxxx insurance, completely guaranteed by CitiBank!
Just a moment.
{
Put down the phone. Eat/surf/watch TV;
sleep(two minutes);
Hi Martha. Sorry for the delay. He'll be right there!;
} until {beep beep beep beep beep...)
Wrong!
It only has to be a "new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof," (35 USC 101).
While somewhat technical, you can disclose an invention in a printed publication in the US for up to a year before you file a patent application (35 USC 102(b).
Trade secret law is state law; whereas, patent law is federal law. The only relationship between them is that they both concern intellectual property -- nothing else.
Linus was on the cover of Forbes on August 10, 1998 ("Peace, Love and Software"). So... Forbes hasn't "finally taken notice." They were very interested even four years ago.