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[DPRG] Never going to buy a MakerBot now

Subject: [DPRG] Never going to buy a MakerBot now
From: John Mellesmoen melle008 at gmail.com
Date: Wed May 28 16:32:47 CDT 2014

If I invent something then go on the local news and tell the world about
it, that is public disclosure and from that point forward I have a year to
file.  Someone else could then try and patent it because they saw me on the
news with my invention but that news footage counts as prior art which
would invalidate their claim.    I could have filed a provisional, then
gone on the news (public disclosure) and from the date of the provisional
application I have one year to file a formal utility application.
Provisional applications are there to formalize the claim date and validate
that I invented and filed for it first.   Any form of public disclosure
without protection is just asking for lots of trouble.

Here is the thing, just because the patent examiner granted them a patent,
doesn't mean that it can't be invalidated by finding prior art.  You or I
or anyone can challenge their patent and have it dismissed if we have proof
of the work being out in the world prior to their filing date.

A patent examiner will never find all of the prior art out there.  They may
know the space really really well but they may still miss the bit that
invalidates the whole thing.    My challenge to you is to rally the
community into finding the prior art that invalidates their patent and then
get their patent dismissed.

On Wed, May 28, 2014 at 3:49 PM, Robert Graham <rgraham at gmail.com> wrote:

> I'm not sure what you mean by after a year anyone can file.  You still
> need to be able to claim that you were inventor/owner to file an
> application for the invention.  The one year grace period is so that your
> own disclosures aren't used against you as prior art if they were published
> less then 1 year before filing.  So if you publish a paper ion January 1,
> you have until December 31 to file a patent application , and if you file
> afterwards, that published paper can be used against you as prior art, even
> though you wrote it.  However, if someone else file a patent application
> before you file yours, you could be out of luck.  Your paper could be used
> against the other inventor though.
> On Wed, May 28, 2014 at 3:14 PM, Rud Merriam <k5rud at arrl.net> wrote:
>>  Prior art is still in effect. See the full discussion at the web site
>> below. The actual code:
>> (1) the claimed invention was patented, described in a printed
>> publication, or in public use, on sale, or otherwise available to the
>> public before the effective filing date of the claimed invention; or
>> (2) the claimed invention was described in a patent issued under section
>> 151 <http://www.law.cornell.edu/uscode/text/35/151>, or in an
>> application for patent published or deemed published under section 122<http://www.law.cornell.edu/uscode/text/35/122>
>>  (b)<http://www.law.cornell.edu/uscode/text/35/usc_sec_35_00000122----000-#b>,
>> in which the patent or application, as the case may be, names another
>> inventor and was effectively filed before the effective filing date of the
>> claimed invention.
>> http://www.finnegan.com/resources/articles/articlesdetail.aspx?news=2a5d1c67-7407-433a-8cdb-8094ec620379
>> In addition only the inventor can file if the inventor published the
>> invention (prior art) within the previous year. It is not a pure race to
>> the patent office. After that year anyone can file.
>> - 73 -
>> * Rud Merriam K5RUD *
>> * Mystic Lake Software <http://mysticlakesoftware.com/> *
>>  On 5/28/2014 1:03 PM, John Swindle wrote:
>> As I understand current US patent law, prior art no longer has anything
>> to do with it. Same as what dpa wrote.
>>  IBM used to publish ideas that they did not want to spend money to
>> patent so that no one else could patent them and then charge IBM for using
>> IBM's idea. That ploy no longer works.
>>  Unless I'm misinterpreting the changes.
>>  Later,
>> John Swindle
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