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[warrendekker]

A year or so ago, I read of a USPTO program, which allowed an inventor to place his/her invention on file with the USPTO, with no intention of the inventor, or anyone else, of obtaining a patent on the idea/invention.  It was, more-or-less, a USPTO program for inventors to place their inventions into the public domain.  

I had, at one time, seen the USPTO forms for this program, but I can no longer find them at the USPTO web site.  Can anyone point me in the right direction?

Thanks,

Warren

[JimIvey]

There are two programs that come to mind.  One is the Disclosure Document program.  It's inexpensive but doesn't result in publication.  Essentially, you file papers with the PTO and they hold on to them for you and authenticate date of receipt of the papers if necessary.  It's the proper way to mail your idea to yourself to prove conception date.  Like I said, it doesn't result in publication, and -- without following up with a real patent application -- it doesn't result in enforceable patent rights.

I think what you're really thinking of is the Statutory Invention Registration (SIR) program.  What people used to do (prior to publication of applications became available) was convert their application to an SIR when essentially giving up in the PTO and trying to leave a defensive publication (a publication preventing others from getting a patent).  The problem is that the fees are steep (not sure why).

The cheapest way for defensive publication through the PTO is the file a real patent application (not a provisional) and allow the case to be published at 18 months.  Then, just don't respond to any correspondence from the PTO.  The application will eventually become abandoned but will have been published.  

A cheaper way is to simply publish it yourself on the web.  Will it necessarily turn up in an examiner's search when evaluating another's application?  No, it might not turn up.  But it's still effective protection from any subsequent invention by another that results in a patent.  

It would help to get your site into the wayback machine for date authentication purposes (and/or keep a date-stamped, witness-signed hardcopy of your site on file).  I have one of those around here for my old servicemark tag-line: "Turning caffeine into patents since way back in the 1900s."  Of course, if I ever get challenged on that, I'll have to find it....  ;-)  Please keep yours where you can find it.

Regards.

[Isaac]

The closest thing I'm aware of to what you describe is a Statutory Invention Registration (SIR).  I don't think they are really cost effective.   SIRs start out life as patent applications.   At the applicant's request the application can be converted into a SIR and evaluated only for written description requirements (35 USC 112) but not for novelty or non obviousness.

The only advantage a SIR would seem to have over other likely cheaper meanns of publishing your invention is that a SIR would go into the USPTO patent & publication database where the examiner would be highly likely to find it.

[GRS Research]

Hi W,

Depending on your goal, Jim's idea of publishing on the net may be the best.  You could do that in a number of ways;

1) Register a domain and post the information for yourself, some expense involved.
2) Post to forums or newsgroups related to your invention, no cost at all.
3) Post to "idea banks" like Half Bakery (halfbakery.com) or Should Exist (shouldexist.org).  again, no cost.  These are actually sites that I've used on several invalidity search projects.  It's surprising sometimes what information people disclose.

[warrendekker]

Thanks to all who replied.  I also am a big fan of the Wayback Machine.

My memory was inaccurate.  I was indeed thinking of something like the SIR program, but did not recall it being so expensive.  

Thanks again,

Warren

P.S.  Anyone want to take a stab at my question over in the Trademarks forum?

[warrendekker]

A little web searching, and I came up with something called Research Disclosure magazine (www.researchdisclosure.com).  Is this a useful/effective way of putting something in the public domain, as a defense against someone else patenting the idea?  Seems cheaper than a SIR or (applying for a patent + abandonment after publication), but more expensive than web sites.


Thanks,

Warren

[Wiscagent]

IP.COM provides a similar publication service.  It cost about $100.

[JimIvey]

No deficiencies jump out at me.  Looks sufficient.  

Of course, it's best if a patent examiner finds the disclosure and stops the patent for you.  I can't immediately tell if examiners use it.  It would be nice if they gave free access to patent examiners if defensive publication is, in fact, their purpose.  I'm not certain that it is.

Regards.

[Wiscagent]

I happen to be a bit familiar with IP.COM.  Other invention publishers may provide the same services, I don't know.  According to IP.COM's web site, they offer free copies of their invention publications to patent offices world-wide:

 In addition to the data being available from IP.com,
 steps are taken to ensure your document's data is
 accessible from a variety of sources. IP.com provides
 free data feeds to any world patent office that requests
 this service. ... Additionally, IP.com publishes The IP.com
 Journal - a monthly printed digest (print & CD) of
 all disclosures from the previous month. The Journal is
 distributed to participating libraries worldwide.

Richard Tanzer