From phm@a2e.de Sun, 5 Sep 1999 17:51:16 +0200 (CEST)
Date: Sun, 5 Sep 1999 17:51:16 +0200 (CEST)
From: PILCH Hartmut phm@a2e.de
Subject: [Patents] preemptive publishing

> I would like to stress that a very efficient way to prohibit anyone to
> get a european patent, is to publish the subject-matter of the desired
> patent before someone applies for it. Then the invention is known from
> the prior art, and nobody can get a patent for it.

You will need to publish it somewhere, where it gets a credibly certified
time-stamp that will help you prove the priority of your publication.

One way to do that is to print the whole program on paper and give it to a
local library.

But even then, this will help only, if you yourself are sued.  It won't
protect anyone who doesn't know about the publication.

I think we should demand that the EPO accept submission of prior art
without fee and make sure that it will be consulted during patent
searches.

Meanwhile, we can also found an organisation that will accept such
submissions and make sure they get valid digital time stamps.  What about
having EuroLinux attempt this for the time being?

-phm





