good story to help understand the background is Poloroid v. Kodak with the instamatic (great word!) camera in the 1970s. came down to looking at dates in log books scientists were keeping.
Ian White :: Urban Mapping Inc 690 Fifth Street Suite 200 :: San Francisco CA 94107 T.415.947.8170 x800 :: F.866.385.8266 :: urbanmapping.com/blog -----Original Message----- From: Landon Blake [mailto:[email protected]] Sent: Wednesday, March 11, 2009 8:29 AM To: Ian White Subject: RE: [Geowanking] Patent Law - Taking a turn for the worse... Ian and Puneet, Thank you for the comments. I must admit that I am still a little confused about the implications between the differences between "first-to-invent" and "first-to-file". Let's say that a hobby programmer comes up with a great algorithm to help create optimal temps in a bio-fuel cooker. He doesn't take the time to file a patent on his algorithm, but releases it as part of an open source library. Chevron comes along and files a patent application on his algorithm. Does Chevron get awarded the patent? Landon Office Phone Number: (209) 946-0268 Cell Phone Number: (209) 992-0658 -----Original Message----- From: [email protected] [mailto:[email protected]] On Behalf Of Ian White Sent: Tuesday, March 10, 2009 10:03 AM To: [email protected] Subject: Re: [Geowanking] Patent Law - Taking a turn for the worse... Puneet knows his stuff! As for reform, there are things underway. Big things as far as USPTO goes. First is 'peer to patent': http://www.peertopatent.org/ And next is the (slow) end to business method patents: http://www.reuters.com/article/marketsNews/idINN3026126020081030 US is still a bit out of line relative to international patent regimes, but it's (slowly) getting there... Ian White :: Urban Mapping Inc 690 Fifth Street Suite 200 :: San Francisco CA 94107 T.415.947.8170 x800 :: F.866.385.8266 :: urbanmapping.com/blog -----Original Message----- From: [email protected] [mailto:[email protected]] On Behalf Of P Kishor Sent: Tuesday, March 10, 2009 9:52 AM To: [email protected] Subject: Re: [Geowanking] Patent Law - Taking a turn for the worse... On Tue, Mar 10, 2009 at 11:42 AM, Landon Blake <[email protected]> wrote: > Just when I was hoping we might see some patent law reform, I heard this > story on proposed changes to the patent system: > > > > http://marketplace.publicradio.org/display/web/2009/03/10/patent_law/ > > > > It would award patents to the first entity to file a patent application, not > the entity to first use a patented idea. Actually, "first to invent" not first to use. First-to-file is the norm in most of the world. I believe the US and perhaps Philippines follow first-to-invent. The US also gives a one year grace period from the date of invention to filing the application that you don't lose your rights to patent that application. However, rest of the world doesn't give such grace period. The pros and cons have been debated for a long time, and become particularly thorny when dealing with patents with worldwide appeal. One compromise might be that the US might get a "first inventor to file" in case of two or more inventors claiming the same invention. > Would this basically abolish "prior > art"? No, this has nothing to do with "prior art" as I understand it. > > > > This is getting ugly. > > > > Landon > > > . -- Puneet Kishor http://www.punkish.org/ Nelson Institute for Environmental Studies http://www.nelson.wisc.edu/ Carbon Model http://carbonmodel.org/ Open Source Geospatial Foundation http://www.osgeo.org/ Sent from: Madison WI United States. _______________________________________________ Geowanking mailing list [email protected] http://geowanking.org/mailman/listinfo/geowanking_geowanking.org No virus found in this incoming message. Checked by AVG - www.avg.com Version: 8.0.237 / Virus Database: 270.11.9/1992 - Release Date: 03/10/09 07:19:00 _______________________________________________ Geowanking mailing list [email protected] http://geowanking.org/mailman/listinfo/geowanking_geowanking.org Warning: Information provided via electronic media is not guaranteed against defects including translation and transmission errors. If the reader is not the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this information in error, please notify the sender immediately. No virus found in this incoming message. Checked by AVG - www.avg.com Version: 8.0.237 / Virus Database: 270.11.9/1993 - Release Date: 03/11/09 08:28:00 _______________________________________________ Geowanking mailing list [email protected] http://geowanking.org/mailman/listinfo/geowanking_geowanking.org
