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[to_tinker]

Hi, 
  I'm dropping by here with a question regarding prior art.  I have been trying to research the topic, but I'm still not 100% about a strategy I would like to implement and hope that you can clarify things for me...

So, I have a couple of small machine designs that, after doing a some research, I believe are patentable.  Instead of pursuing monetary gain, I would like to put the designs in the public domain.  I intend to do so by publishing the designs in a relevant trade magazine (print).  Would this be protection against any future patent attempts?  To clarify: I do want people to be able to use the designs without any legal or monetary obligation ("Open Source" if you will). 

Am I pursuing the correct strategy for my intentions?  Will this insure that no one can come along and patent the idea later? I understand I may be on the wrong side of the fence around here , but I do appreciate any advice or clarifications you may have.

Regards,
Tom

[Paskran]

Defensive publication is not a new topic in this forum.
Check this thread.

http://www.intelproplaw.com/ip_forum/index.php/topic,15717.0.html

[patentsusa]

Yes, you are on the right track if you are not seeking any protection for yourself, just trying to prevent someone else from getting a patent.  You could also just publish it on a website.

[ManOfManyBadIdeas]

To make your invention available for public use and bar somebody patenting it, you need to publish it, simple as that. Of course, nothing ever carries a real 100% guarantee. The issues with invention publication are simple: publication date and how easy it is accessible to the examiner in a prior art search. Obtaining a patent on anything similar that has been invented *after* your information publishes should be hindered by your publication. Understand that it's not important when you have submitted the information for publication, but when it's made available (for example, online). So, verifiable date is one issue. Another issue is whether the examiner will have a chance to consider this information when a related application is submitted to the patent office. There is a chance that your information would not come up in a search and would not be considered, and an improper patent would issue. The good news is, such patent would be flawed, and would likely not withstand a court challenge. The bad news is, not everyone has the resources to battle in court even when the patent is a joke. So, how to make the publication easily available to the examiner? Perhaps the best way is to do so-called statutory invention registration, but you'll have to fork over a few hundred bucks. Such SIR would be recorded in the USPTO database, and an examiner will never fail to search that. Anything else is a step below IMO, but I do have any insight into examiners searching habits, so the significance of that step is debatable. In the end it's up to you to decide what kind of trouble you are willing to go through to achieve your goal.

One final remark. The publication date may be of great importance. From that perspective publishing something in a trade magazine has the advantage of publication date being easily verifiable. Another advantage is that the publication would carry a bit more weight. I am assuming that you are talking about a well known magazine. Of course the date issue can also be addressed if you choose self-publication on a website. You can verify the date by showing the web pages to some people who understand the invention, make a printout and have them date and sign it. That way it's very clear when the invention was made public in case it has to be proven in court.

[to_tinker]

Thank you very much for your responses and research leads.

  I will have to do some more reading on "defensive publication" and Statutory Invention Registration.  I have never heard of SIR before, but it sounds like exactly the mechanism I was looking for.  In general, it seems like I am on the right track though.

In regards to the magazine: I was hoping that by going with a known and respected trade magazine rather than the web, it would have more weight to it (library availability, back issue ordering, etc.).

Thanks Again,
This is just the sort of info I was looking for.
Tom

[patentsusa]

One way to check when something was published on the web is to consult the Wayback Machine at www.archive.org.
It saves old versions of web pages.  But should not be relied on as there is no guarantee that it will archive every web page.

[rupak447]

Well, your intention of pursuing the correct strategy is really good thinking unless you have not enough protection. So, better you can publish on the web by helping of  Wayback Machine that may protect old version of the web page.