From jean-jacques_de-jong@hp.com Mon, 21 Feb 2000 18:58:23 +0100
Date: Mon, 21 Feb 2000 18:58:23 +0100
From: Jean-Jacques de Jong jean-jacques_de-jong@hp.com
Subject: [Patents] Re: [Patents] Patent problem
Content-Type: multipart/mixed;
  boundary="------------249D995F8E75EA377CA7F700"

This is a multi-part message in MIME format.
--------------249D995F8E75EA377CA7F700
Content-Type: text/plain; charset=us-ascii
Content-Transfer-Encoding: 7bit

Jean-Paul Smets wrote:
> 
> Richard Stallman wrote:
> >
> >     Here in Italy we use this system for music and such:
> >     the author sends a copy of his work to himself in
> >     a sealed envelop, to keep in some safe place once received.
> >
> > This would be a way of proving you knew of an idea on a certain date.
> > But I don't think that makes any difference for patent law.
> >
> 
> Actually it does. It can be show to a judge to prove that you are the inventor of a
> patented idea.
> 
> It has 2 possible consequences
>   - in the US (first to invent) - it can be used to cancel someone else's
> patent by proving he was not the first inventor

No. The "envelope", not being a publication, cannot be used as _prior
art_ against a US patent (nor anywhere else). The US "first to invent"
principle only works between two disputing patent applications.

>  - in Europe (first to file) - it can be used to be allowed to use your own 
> idea for youself but someone else will have to pay for patent licenses to the
> patent owner (not to you)

Yes, this is true.

> Still, the envelope trick needs to be accepted as a proof of anteriority by a court > in case of trial. The envelope trick is not very efficient in that situation
> because the patent owner may eventually argue that your envelope is fake.

No. The problem is that the "envelope" is not a publication. It will
NEVER be accepted as prior art that may destroy a patent. 

The only utility is to enable the "prior possessor" to exploit the
invention without having to pay a license to someone who files a patent
subsequently. However, the laws regarding this "prior possession
exception" are not uniform and you should check in your country to what
extent they "protect" the prior possessor from the subsequent patentee.
In France, they are rather efficient.

> It is more efficient to publish your ideas in a library (making it non patentable).

For sure!

> Another approach is to publish in a newspaper the MD5 code of an article where you
> explain your idea and keep this article secret (this is equivalent to the envelope
> trick and was used by ATT in the past).

In France, there is the so-called "Enveloppe Soleau" which you file at
the INPI (the French Patent Office) for 50 Francs. This certifies the
date of the contents of the envelope and is accepted in the US to prove
prior inventorship for a patent you file there.

JJJ
--------------249D995F8E75EA377CA7F700
Content-Type: text/x-vcard; charset=us-ascii;
 name="jean-jacques_de-jong.vcf"
Content-Transfer-Encoding: 7bit
Content-Description: Card for Jean-Jacques de Jong
Content-Disposition: attachment;
 filename="jean-jacques_de-jong.vcf"

begin:vcard 
n:de Jong;Jean-Jacques
tel;fax:+33 4 76 14 13 25
tel;work:+33 4 76 14 49 82
x-mozilla-html:TRUE
url:http://dejong.grenoble.hp.com
org:Hewlett-Packard France;Legal Department - IP Section
adr:;;;Grenoble;;;France
version:2.1
email;internet:jean-jacques_de-jong@hp.com
title:IP Attorney
x-mozilla-cpt:;-23680
fn:Jean-Jacques de Jong
end:vcard

--------------249D995F8E75EA377CA7F700--





