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Comments on: US patent reform clears House hurdle

But will it outlaw the frivolous patents? 

Posted Friday 20th July 2007 12:43 GMT

What's even more needed is to prevent silly patents for the trivial and patently obvious, like Amazon's one-click -- precisely the sort of things that should NOT under any circumstances have been awarded patents in the first place.

Contact made 

Posted Friday 20th July 2007 14:28 GMT

I've just contacted my Rep and Senators. This legislation is much needed. I won't name the company that cost me time and money developing my idea which they had invented first but never patented.

Open source? 

Posted Friday 20th July 2007 14:50 GMT

Does this mean that a discovery that I make that I publish online for free can be patented by someone else because I never filed for a patent? I don't think I like this idea.

Just to clarify ... 

Posted Friday 20th July 2007 15:36 GMT

... Connor Garvey:

No. Don't worry. If you publish it before filing by the third party, you're good.

"Publish frequently" is the recommendation.

The problem is the current 'first-to-invent' concept: If you invent A secretly in your garage, and X patents it, how do you prove that you actually invented it ?

'First-to-invent' is theoretically fairer, but 'First-to-file' is practically much less juridical hassle, *if you want the patent*.

Otherwise, just publish.

Secrecy is the answer 

Posted Friday 20th July 2007 16:50 GMT

"If you invent A secretly in your garage, and X patents it, how do you prove that you actually invented it ?"

Simple, in the UK patents model you achieve that by NOT telling X about it until AFTER you've applied for the patent. Indeed, if you allowed X to know about it before applying for the patent, neither of you should be granted a patent.

To be valid, you have to apply for at least a *provisional* patent BEFORE anybody else knows about it.

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