> -----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? > ..
No, Chevron won't get the patent in all likelihood because of "prior art." For that matter, your hobby programmer friend also won't be able to patent it anymore because his algorithm is now in public use, unless he can prove that it was being "experimented with" (difficult to establish). On the other hand, if the hobby programmer sat on his algorithm, not telling anyone about it, and Chevron later on invented the same thing and filed for the patent, in spite of the hobby programmer being the "first-to-invent," Chevron would get the patent for being the "first-to-file" (under new rules). -- 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
