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   Publication Approach to Reduce Risk
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   Author  Topic: Publication Approach to Reduce Risk  (Read 728 times)
patag2001
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Publication Approach to Reduce Risk
« on: Jan 2nd, 2008, 4:08pm »
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I have a situation where a device was invented some years ago and no patent application was filed, nor was the device made public or offered for sale.
 
It is likely that my company will make and sell the device in the near future.
 
Assuming others may see the device and quickly file for a patent, I’m thinking of publishing how to make and use the device.  I anticipate this may help if there is a future infringement challenge.  Where is a good place to publish a disclosure at minimum cost?
 
Any holes in the publication approach to reduce risk?
 
Many Thanks!
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CriterionD
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Re: Publication Approach to Reduce Risk
« Reply #1 on: Jan 2nd, 2008, 4:56pm »
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Can you document that this device was invented some years ago?  I assume so, but it doesn't hurt to verify.  Who invented the device some years ago?  Until the invention has been made public for a year, the inventor might still be able to apply for patent protection (and now after I've posted I realize I'm telling this to a patent agent, no? oh well).
 
Re: the disclosure strategy, the obvious downside I can think of is that others may read your publication and be tipped off to the device's potential - which can still be negative patent considerations aside.  Of course thats not a factor if its not published before you take to market.  There shouldn't need to be any rush persay.  
 
The best place to publish a disclosure at minimum cost?  Legally, I would imagine, anywhere where your disclosure is public and is not going to disappear, in that sense physical  publications are a little better than electronic ones.   There should be a variety of possibilities that will not cost you much if any money.  Ideally, perhaps you could get yourself a spot in an industry trade publication which can be used to both accomplish your objectives and generate positive PR.  And in any event, there's nothing wrong with publishing multiple disclosures.
 
Another option here could be to file a provisional application.  This has the potential to give you a dated document, while allowing your company to call the device patent pending, and you could even publish the contents of your provisional application online or wherever else.  Of course this would be somewhat dishonest if you knew you weren't the inventor and were familiar with patent law.
 
Anyways... have you checked to see if anyone else has already patented this device?  I know you mention that no patent application was filed, but its unclear how you know that.  Unless maybe you know the "inventor," in which case, its still possible someone else had invented and patented the product before him.  There are certainly patented products out there that are not on the market for whatever reason (and there are those products which are on the market but not widely known about).
 
« Last Edit: Jan 2nd, 2008, 5:14pm by CriterionD » IP Logged

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