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need some legal help protecting a idea for public domain
#1
I have what I believe to be a patentable idea and would like to protect it for public domain, how does one do this and is it doable?

thanks for any help
Stan



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#2
(04-04-2014, 01:25 PM)space45 Wrote: I have what I believe to be a patentable idea and would like to protect it for public domain, how does one do this and is it doable?

thanks for any help
Stan

What are the settings? What is the leak rate for the public domain?

Hmm, I think I'm not in the right place to be advising on this. Maybe call a lawyer or something..... Darned if I know.
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#3
moving this to Off Topic forum.
PaulaO2
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#4
http://www.uspto.gov/patents/process/index.jsp
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#5
I don't believe you need a lawyer to keep something in the public domain; and prevent another from patenting it.
(Do I understand your question?)

I am not a lawyer -- but, I believe that simply putting an idea in the public domain prevents someone from restricting it by patent. You preempt patent by putting it in the public domain.

A patent requires an original idea; and patent search, and "reduction to practice" -- such as a working prototype.
If a patent search reveals the idea is in the public domain -- it cannot be patented.

Someone may still try to patent it. Then their patent must be challenged.
INFORMATION ON APNEA BOARD FORUMS OR ON APNEABOARD.COM SHOULD NOT BE CONSIDERED AS MEDICAL ADVICE. ALWAYS SEEK THE ADVICE OF A PHYSICIAN BEFORE SEEKING TREATMENT FOR MEDICAL CONDITIONS, INCLUDING SLEEP APNEA. INFORMATION POSTED ON THE APNEA BOARD WEB SITE AND FORUMS ARE PERSONAL OPINION ONLY AND NOT NECESSARILY A STATEMENT OF FACT.
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#6
that looks more like a patent not a public domain idea
I am not wanting to apply for a patent just stop someone else from using the idea to rip others off, if the medical guys could play nice and not charge big bucks for every thing I would care less about trying to protect it as they would be offering a good thing at a good price. but they rip every one off with over charging for everything.


(04-04-2014, 07:05 PM)grumpycat Wrote: http://www.uspto.gov/patents/process/index.jsp

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#7
(04-05-2014, 07:54 PM)space45 Wrote: that looks more like a patent not a public domain idea
I am not wanting to apply for a patent just stop someone else from using the idea to rip others off, if the medical guys could play nice and not charge big bucks for every thing I would care less about trying to protect it as they would be offering a good thing at a good price. but they rip every one off with over charging for everything.


(04-04-2014, 07:05 PM)grumpycat Wrote: http://www.uspto.gov/patents/process/index.jsp

Then if your idea has merit; just put it in the public domain by publishing it on the web.

Back in the 70's I was given a tutorial on protecting patentable ideas for the company I worked for. Our engineering notebooks were our most valuable tool -- and we were told we could not publish without review by management and legal.

To keep your ideas unfettered by patent, you must prove you had the idea first; and when. Ergo, notes and a trail in cyberspace.

And, you do the opposite of what we were told to do -- publish your ideas in open literature (these days, that can be the web.)

As an aside, since I was in an R&D division; and our research was intended to evolve into products -- we were told to design using the best method and leave the patent fights to our legal department. i.e. -- internal R&D may infringe upon a patent or use an open source idea.

A company might use your open source idea anyway; but just not patent that part of it.

Being open source doesn't mean company XYZ won't use the core of your idea and make money off it.

Another aside... IBM when they created their PC in the early 80's found there was not a patentable idea in the whole computer. Only the firmware in the BIOS ROM was copyrighted. Using a common method of interrupt calls to perform basic IO functions, meant anyone could build a clone; and perform the same BIOS functions with a BIOS code just different enough to not infringe upon IBMs patent. MicroSoft supplied IBM with the IBM DOS operating system; but, kept the rights. Hence, MicroSoft could sell MSDOS to clone builders and users.

What I'm getting to is: The controller chip and its firmware are probably the most protected and patentable feature in any commercial machine.
INFORMATION ON APNEA BOARD FORUMS OR ON APNEABOARD.COM SHOULD NOT BE CONSIDERED AS MEDICAL ADVICE. ALWAYS SEEK THE ADVICE OF A PHYSICIAN BEFORE SEEKING TREATMENT FOR MEDICAL CONDITIONS, INCLUDING SLEEP APNEA. INFORMATION POSTED ON THE APNEA BOARD WEB SITE AND FORUMS ARE PERSONAL OPINION ONLY AND NOT NECESSARILY A STATEMENT OF FACT.
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#8
Look into the GNU license - it allows open sourcing of your work and denies the allowance of others to patent it. There are other Public License schemes around, too, each offering a greater or lesser degree of protection for you in the event someone tries to hijack the idea for their own purposes and then prevent anyone else from using it via their patenting it. Creative Commons is another one... Once you document yourself as the creator of the idea/product/whatever, you can allow any form of license while preventing others from patenting/copyrighting it themselves (yes, we Swiss know a thing or three about it - after all, this is the home of the Bern Copyright Convention and the World Intellectual Property Organisation).

One thing - there is no universal patent or copyright - each country or treaty group has to be done according to their own laws, so a CC license or GNU license needs to be established world wide - just doing it in the US won't protect you in Russia or China (or in the EU, for that matter). You can get more information at wipo.org.
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