Archive of UserLand's first discussion group, started October 5, 1998.

Re: Giving birth through conversation

Author:Tom von Alten
Posted:8/13/2000; 9:37:31 PM
Topic:I patent breathing. I was here first. Quit breathing.
Msg #:19690 (In response to 19670)
Prev/Next:19689 / 19691

Pool toy warfare (it isn't pretty):
You could have applied for patents on the improvements you made to the 2nd and 3rd generations, then your (ex-)friend couldn't use them. He could still prevent you from distributing the original. But perhaps your lawyers could work out something amicable to break the stalemate.

Of course, if your refinements were just put out there in the poolic domain, he gets those for free.

...it should be unethical to file for a patent without making a public disclosure.
A patent is a public disclosure, and an eventual surrender of the idea to the public. The requirements for disclosure of an application vary, and are changing.

...if it turns out you were patenting the things we were co-inventing...
that would be fraudulent, and/or grounds for invalidating the patent. A US patent (at least) has to have the inventors (and only the inventors) listed in the application.

(These are legal, um, suggestions, of course, not "legal advice." YMMV.)

Tom von Alten

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