[linux-elitists] Re: [FoRK] CanyonBridge is giving me an allergy to the phrase "patent pending" (fwd from jm@jmason.org)

Eugen Leitl eugen@leitl.org
Wed Dec 15 03:29:31 PST 2004


----- Forwarded message from Justin Mason <jm@jmason.org> -----

From: jm@jmason.org (Justin Mason)
Date: Tue, 14 Dec 2004 18:39:22 -0800
To: Gavin Thomas Nicol <gtn@rbii.com>
Cc: FoRK <fork@xent.com>
Subject: Re: [FoRK] CanyonBridge is giving me an allergy to the phrase "patent
	pending" 

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Gavin Thomas Nicol writes:
> I have prior art on a lot of that stuff... but that doesn't stop the 
> patent world from sucking. Last time I checked there were hundreds and 
> hundreds of patent applications for XML-based technologies. Sometimes I 
> think I could make a living as a consultant providing testimony in 
> patent disputes involving XML.
> 
> The worst part is that most of the stuff is pretty obvious to anyone in 
> the space..

hmm!  in that case, FoRK is probably a very good place to post this:

http://taint.org/2004/11/23/042513a.html

  HOWTO: invalidate a patent application with prior art

  If you become aware of a patent application (note: not an issued
  patent!) for which you are aware of possible prior art, you may be able
  to help invalidate it, or at least ensure any resulting patent is narrow
  enough to be relatively sane. Here's how.

  - If you have knowledge of techniques that you believe may be prior
    art, you can send them on to the filers or the patent examiner. At
    this stage, the onus is on them to prove that the technique is not
    prior art for the application (once it's granted, the onus would
    be on you to prove that it is).

  - The filer also must indicate techniques that they are aware of,
    that may be prior art, during filing; so CC'ing a public forum
    with a copy of whatever you send to them, may at some point in
    the future help indicate that they did not do this.

  Of course, you have to go find the patent application number, the
  contact addresses of the filers, and the contact address for the patent
  examiner to do this ;) But it beats posting a whinge to Slashdot.

  [.... rest at URL]

- --j.
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