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Re: Solid-state t.c.'s
On Wed, 15 Mar 2000, Tesla List wrote:
> Original Poster: "Alan Sharp" <AlanSharp-at-compuserve-dot-com>
>
> Ken,
>
> If your patent is now secure are you able to publish
> schematics of your design?
>
> Alan Sharp
>
>
Slightly off-topic post:
I happen to know a bit on patents. Although you can publish at any time
(in the US, your filing date is originally assumed to be your date of
invention), You should definately establish your filing date (on a utility
patent--not a disclosure statement or a provisional application) before
disclosing your invention.
After you get a US filing date, ideally, if someone tries to file a
patent, it should be rejected under 35 USC 102(e). There's a trapfall
which may occur. Suppose you get a filing date, and disclose your
invention the next day. Someone else picks up the idea and files it. If
the Patent Office notices it, they typically wait for yours to issue and
reject the other under 102(e). Suppose they don't notice and issue the
other guy's patent first. Even though you had the earlier filing date, in
order for your patent to issue, your application could be placed in
interference with the patent. Two applications can interfere with each
other if their filing dates are within either 3 or 6 months of each other
(I'm not 100% sure which). Sparing you a patent lecture, interferences
are expensive and you might lose. If both patents got issued, the Patent
Office wouldn't bug you, but you might have some legal trouble later.
Once your patent issues, don't worry about disclosing it..it's already
public.
- A. Banerjee
On Wed, 15 Mar 2000, Tesla List wrote: