Subject: [Asrg] Patenting HOWTO/FAQ ?

From: Hadmut Danisch <[email-masked]>
Date: Sat, 11 Sep 2004 13:24:24 +0200

Hi,

can anyone recommend any FAQ or HOWTO or a book about 
how to apply for a patent in the USA?

I have done some further development of mechanisms
which protect against spam, fraud, phishing etc. and
improve e-mail for commercial and private use, 
but I do not want to repeat the same mistake as with 
RMX again. I'd like to protect against plagiarism
and especially that kind of capture we've seen from 
Microsoft. I'd therefore like to apply for a patent
and make the mechanism available for free for the 
open source community (like GPL), but to take license
fees from commercial vendors like Microsoft. Beat 'em 
with their own weapons. 

regards
Hadmut

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From: "william(at)elan.net" <[email-masked]>
Date: Sat, 11 Sep 2004 05:19:43 -0700 (PDT)

Its admirable that you want to protect the open source community from some 
corporate patent sharks :) 

But are you prepared to spend $20,000 of your own money to file such a 
patent ($2,000 - $5,000 if without a lawyer; but expect to have patent 
application returned to you for corrections or it might just get rejected 
entirely after two years of waiting...)?

Are you also aware that once you disclose the idea or technology on public 
forum or published it as IETF draft, you can no longer file a patent for 
it (even if you're the author of the draft)?

Best of luck to you if you answer yes to both questions above, in that 
case, please see http://www.uspto.gov/ebc/efs/index.html

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From: "Jed Margolin" <[email-masked]>
Date: Sat, 11 Sep 2004 11:57:05 -0700

Applying for a patent is best done by a patent attorney or patent agent,
especially if it is your first patent.

It's expensive.

Applying for and prosecuting a patent by yourself is possible but is not for
the faint-hearted.

In either case, I recommend "Patent It Yourself" by David Pressman.
http://www.nolo.com/lawstore/products/product.cfm/ObjectID/139AEDE9-69A0-4810-A7A87D2AD5422664

In the U.S. you can apply for a patent up to one year after you make it
public. However, in the rest of the world you cannot get a patent if you
have gone public before filing the application.

In the U.S. you can file a Provisonal Application for a Patent that will
preserve your rights.

You can read a short introduction to the patent process in an article at:
www.jmargolin.com/todo/pap.htm  (I wrote it.)

(And don't go to any invention company that advertises. Think of them as the
Spammers of the Inventor Community. )

Jed Margolin
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