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

Re: Giving birth through conversation

Author:Dave Winer
Posted:8/13/2000; 9:44:22 PM
Topic:I patent breathing. I was here first. Quit breathing.
Msg #:19691 (In response to 19690)
Prev/Next:19690 / 19692

Let me clear up a few things.

A patent is not a public disclosure until its issued.

That often takes four years or more. In fact a bunch of patently offensive companies have been lobbying Congress to give more money to the USPTO to shorten the period, so they can wreak their havoc even sooner.

While the patent is in process it's a trade secret. It is not disclosed.

There have been a few cases apparently of companies working on open standards bodies, patenting the work of the working group. Since the standards process can be even slower than the USPTO the offensive company presents an issued patent for others work in their name.

I've heard claims that this actually happened. (I don't believe the claims, that's why I'm not saying who said what about who, but the idea is out there.)

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