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[andrew.green]

I have an idea that is not too original, but might be patentable. Equally unoriginal ideas have been successfully patented in the same domain. But rather than patenting my idea, I'd like to make it free for everyone and unpatentable. What's the best, easiest and cheapest way to accomplish this?

[JimIvey]

Thoroughly describe your idea in a "printed" publication -- the web counts.

It's called defensive publication.

Regards.

[andrew.green]

OK--thanks so much! (Wow, now that I know that term, I've found a whole slew of related Web resources that I hadn't found before.) Another quick, related question: would it be enough to just start a blog on a free blog site, post a detailed description of my idea there, and post some links to it in related Web forums? Many thanks again, greetings,
Andrew

[JimIvey]

would it be enough to just start a blog on a free blog site, post a detailed description of my idea there, and post some links to it in related Web forums?

The relevant factors are whether your printed publication is enough to teach the ordinary artisan in the relevant technology/ies to make and use your invention and is indexed sufficiently to be found by someone wanting to learn about it.

The challenge in using someone else's hosted site is that you can't ensure that it stays up long enough or is somehow recorded in some web archive (e.g., http://www.archive.org/).  You can control that better if you host the site yourself, but probably all but the most transitory sites are probably fine.

Maybe that is the case and your "exposure" may do harm to the poor soul trying to get a patent.  Just saying...

I don't think that's a consideration.  If the application is already pending, no publication you do now would jeopardize that.  If the application isn't yet pending, there's really no way of knowing that it might be pending soon. 

And, if your whole goal is to prevent the thing from ever getting patented, there's nothing illegal or improper in that.

Regards.

[dablueman]

would it be enough to just start a blog on a free blog site, post a detailed description of my idea there, and post some links to it in related Web forums?

The relevant factors are whether your printed publication is enough to teach the ordinary artisan in the relevant technology/ies to make and use your invention and is indexed sufficiently to be found by someone wanting to learn about it.

The challenge in using someone else's hosted site is that you can't ensure that it stays up long enough or is somehow recorded in some web archive (e.g., http://www.archive.org/).  You can control that better if you host the site yourself, but probably all but the most transitory sites are probably fine.

To add to that, MAKE SURE TO DATE EACH NEW ENTRY!

[JimIvey]

And, if his "idea" is already patented or portions thereof, his exposure could incite mass infringement. 

Defensive publication is not at all new.  People post ideas on the web all the time -- either as defensive publication or just not being aware of the intellectual property consequences of doing so.

IBM used to (probably still does but I haven't checked) publish a technical journal of all ideas they decided not to patent.  The purpose?  Defensive publication.

If your patent application is not going to be granted but you want to be sure others don't patent your idea, you can convert your application to a statutory invention registration (SIR) that is searched right along with patents and applications in the USPTO.

Defensive publication has been an integral part of our patent system for a very long time.  So, if defensive publication incites mass infringement of the patented ideas of others, it's been going on for a very long time.

Regards.

[khazzah]

If your patent application is not going to be granted but you want to be sure others don't patent your idea, you can convert your application to a statutory invention registration (SIR) that is searched right along with patents and applications in the USPTO.

Is there any particular reason for converting an app to a SIR rather than just relying on publication of the patent app? Seems to me that either the app is already published or if it's not, you can ask for it to be published before it goes abandoned.

[JimIvey]

Is there any particular reason for converting an app to a SIR rather than just relying on publication of the patent app? Seems to me that either the app is already published or if it's not, you can ask for it to be published before it goes abandoned.

I'm old.  SIRs predated application publication in the US.  But, unlike published applications, it was a deliberate (and relatively expensive) choice to convert to SIR -- a very clear example of "if I can't have it, nobody can."

I'm not even sure SIRs still exist.  At the same time, it's plausible that no one cared enough to eliminate them.  I would say that they're largely irrelevant given that publication is a much less expensive alternative.

Regards.

[andrew.green]

Thank you all for your suggestions and ideas. I will indeed publish my idea on a blog with a well-known blog provider, and link to it on lots of forums.

There are lots of other interesting, broader issues underlying all this. Maybe I'm mistaken, but I'm guessing that what Invent Or? didn't like is the very idea of trying to make an invention "free and unpatentable". (Apologies if I'm misreading your posts.) I would say that to do so is as legitimate as patents themselves; both patenting and allowing inventors to prevent patenting suppose that the originator of an idea should have some control over it--a principle that is not in itself eternal and beyond question. However, note that allowing inventors to make their work free and unpatentable surely encourages innovation just as patents do: it gives people who want to make contributions to society in a non-commercial manner the means to just that, without having to worry that their work will be reused in a way contrary to their intentions.

Also: here a case of someone claming that his prior publication didn't work:
http://slashdot.org/story/10/11/25/0416208/Coder-Accuses-IBM-of-Patenting-His-Work
(It may not be a clear-cut case, though--see the comments below the main story.)

Greetings and thanks again,
Andrew

[andrew.green]

Andrew, you read me wrong.  I just suggested you to check to see if you *have* an invention before you make your invention unpatentable.

Ah, OK, sorry...

USPTO search is your friend...

OK, I'll definitely have a look. Thanks...